Agenda packet — Costa Mesa City Council, May 21, 2024 (part 1 of 2)

CITY OF COSTA MESA
REGULAR CITY COUNCIL AND HOUSING AUTHORITY*
Agenda
City Council Chambers
77 Fair Drive
6:00 PMTuesday, May 21, 2024
*Note: All agency memberships are reflected in the title "Council Member" 4:00 P.M. Closed Session
The City Council meetings are presented in a hybrid format, both in-person at City Hall and as a courtesy virtually via Zoom Webinar. If the Zoom feature is having technical difficulties or experiencing any other critical issues, and unless required by the Brown Act, the meeting will continue in person.

TRANSLATION SERVICES AVAILABLE / SERVICIOS DE TRADUCCIÓN DISPONIBLE Please contact the City Clerk at (714) 754-5225 to request language interpreting services for City meetings. Notification at least 48 hours prior to the meeting will enable the City to make arrangements.

Favor de comunicarse con la Secretaria Municipal al (714) 754-5225 para solicitar servicios de interpretación de idioma para las juntas de la Ciudad. Se pide notificación por lo mínimo 48 horas de anticipación, esto permite que la Ciudad haga los arreglos necesarios.

Members of the public can view the City Council meetings live on COSTA MESA TV (SPECTRUM CHANNEL 3 AND AT&T U-VERSE CHANNEL 99) or
http://costamesa.granicus.com/player/camera/2?publish_id=10&redirect=true and online at youtube.com/costamesatv.

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1 REGULAR CITY COUNCIL AND HOUSING
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Agenda May 21, 2024
As a courtesy, the public may participate via the Zoom option.

Zoom Webinar: (For both 4:00 p.m. and 6:00 p.m. meetings) Please click the link below to join the webinar:
https://us06web.zoom.us/j/81879579049?
pwd=_XoNBT2uciL7zrDsfj4A9Q9srLgExg.bQEU-le6VvXjPDeL
Or sign into Zoom.com and “Join a Meeting”
Enter Webinar ID: 818 7957 9049/ Password: 608584
• If Zoom is not already installed on your computer, click “Download & Run Zoom” on the launch page and press “Run” when prompted by your browser. If Zoom has previously been installed on your computer, please allow a few moments for the application to launch automatically.
• Select “Join Audio via Computer.”
• The virtual conference room will open. If you receive a message reading, “Please wait for the host to start this meeting,” simply remain in the room until the meeting begins.
• During the Public Comment Period, use the “raise hand” feature located in the participants’ window and wait for city staff to announce your name and unmute your line when it is your turn to speak. Comments are limited to 3 minutes, or as otherwise directed.

Participate via telephone: (For both 4:00 p.m. and 6:00 p.m. meetings) Call: 1 669 900 6833 Enter Webinar ID: 818 7957 9049/ Password: 608584 During the Public Comment Period, press *9 to add yourself to the queue and wait for city staff to announce your name/phone number and press *6 to unmute your line when it is your turn to speak. Comments are limited to 3 minutes, or as otherwise directed.

Note, if you have installed a zoom update, please restart your computer before participating in the meeting.

Additionally, members of the public who wish to make a written comment on a specific agenda item, may submit a written comment via email to the City Clerk at [email protected].

Comments received by 12:00 p.m. on the date of the meeting will be provided to the City Council, made available to the public, and will be part of the meeting record.

Please know that it is important for the City to allow public participation at this meeting. If you are unable to participate in the meeting via the processes set forth above, please contact the City Clerk at (714) 754-5225 or [email protected] and staff will attempt to accommodate you. While the City does not expect there to be any changes to the above process for participating in this meeting, if there is a change, the City will post the information as soon as possible to the City’s website.

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2 REGULAR CITY COUNCIL AND HOUSING
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Agenda May 21, 2024
Note that records submitted by the public will not be redacted in any way and will be posted online as submitted, including any personal contact information. All pictures, PowerPoints, and videos submitted for display at a public meeting must be previously reviewed by staff to verify appropriateness for general audiences. No links to YouTube videos or other streaming services will be accepted, a direct video file will need to be emailed to staff prior to each meeting in order to minimize complications and to play the video without delay. The video must be one of the following formats, .mp4, .mov or .wmv. Only one file may be included per speaker for public comments, for both videos and pictures. Please e-mail to the City Clerk at [email protected] NO LATER THAN 12:00 Noon on the date of the meeting. If you do not receive confirmation from the city prior to the meeting, please call the City Clerks office at 714-754-5225.

Note regarding agenda-related documents provided to a majority of the City Council after distribution of the City Council agenda packet (GC §54957.5): Any related documents provided to a majority of the City Council after distribution of the City Council Agenda Packets will be made available for public inspection. Such documents will be posted on the city’s website and will be available at the City Clerk's office, 77 Fair Drive, Costa Mesa, CA 92626.

All cell phones and other electronic devices are to be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to conduct a phone conversation.

Free Wi-Fi is available in the Council Chambers during the meetings. The network username available is: CM_Council. The password is: cmcouncil1953.

As a LEED Gold Certified City, Costa Mesa is fully committed to environmental sustainability.

A minimum number of hard copies of the agenda will be available in the Council Chambers.

For your convenience, a binder of the entire agenda packet will be at the table in the foyer of the Council Chambers for viewing. Agendas and reports can be viewed on the City website at https://costamesa.legistar.com/Calendar.aspx.

In compliance with the Americans with Disabilities Act, Assistive Listening headphones are available and can be checked out from the City Clerk. If you need special assistance to participate in this meeting, please contact the City Clerk at (714) 754-5225. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102.35.104 ADA Title II].

En conformidad con la Ley de Estadounidenses con Discapacidades (ADA), aparatos de asistencia están disponibles y podrán ser prestados notificando a la Secretaria Municipal. Si necesita asistencia especial para participar en esta junta, comuníquese con la oficina de la Secretaria Municipal al (714) 754-5225. Se pide dar notificación a la Ciudad por lo mínimo 48 horas de anticipación para garantizar accesibilidad razonable a la junta. [28 CFR

35.102.35.104 ADA Title II].

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3 REGULAR CITY COUNCIL AND HOUSING
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Agenda May 21, 2024
CLOSED SESSION - 4:00 P.M.

CALL TO ORDER

ROLL CALL
PUBLIC COMMENTS Members of the public are welcome to address the City Council only on those items on the Closed Session agenda. Each member of the public will be given a total of three minutes to speak on all items on the Closed Session agenda.

CLOSED SESSION ITEMS:

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9, (d)(1) Name of Case: SoCal Recovery, LLC, a California limited liability company v. City of Costa Mesa
United States District Court, Central District of California, Case No. 8:18-cv-01304-JVS-PJW.

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9, (d)(1) Name of Case: Raw Recovery, LLC et al v. City of Costa Mesa United States District Court, Central District of California, Case No. 8:18 cv 01080 JVS AGR

3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: City of Costa Mesa v. Ohio House, LLC, a California limited liability corporation; Richard Perlin, Nancy Perlin, Dolores Perlin, and Brandon Stump as individuals
Orange County Superior Court Case No. 30-2018-01006173-CU-OR-NJC.

4. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION
Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: Insight Psychology and Addiction, Inc. v. City of Costa Mesa United States District Court, Central District of California, Case No. 8:20 cv 00504 JVS JDE

5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION – ONE CASE Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: City of Costa Mesa; People of State of Cal. v. D'Alessio Investments LLC, et al.
440 Fair Dr. and 1779 Newport Blvd.

Orange County Superior Court Case No. 30-2020-01170520

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Agenda May 21, 2024

6. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION – ONE CASE Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: D'Alessio Investments LLC v. City of Costa Mesa Orange County Superior Court Case No. 30-2020-01132646

7. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION–ONE CASE Pursuant to California Government Code Section 54956.9 (d)(1) Name of Case: City of Costa Mesa v. D’Alessio; 1963 Wallace Ave.

Orange County Superior Court Case No. 30 2020 01133479

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5 REGULAR CITY COUNCIL AND HOUSING
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Agenda May 21, 2024

REGULAR MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITY MAY 21, 2024 – 6:00 P.M.

JOHN STEPHENS
Mayor

JEFFREY HARLAN ANDREA MARR
Mayor Pro Tem - District 6 Council Member - District 3

MANUEL CHAVEZ LOREN GAMEROS
Council Member - District 4 Council Member - District 2

ARLIS REYNOLDS DON HARPER
Council Member - District 5 Council Member - District 1

KIMBERLY HALL BARLOW LORI ANN FARRELL HARRISON
City Attorney City Manager

CALL TO ORDER

NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE

MOMENT OF SOLEMN EXPRESSION
[Per Council Policy 000-12, these presentations are made by community volunteers stating their own views. The City Council disclaims any intent to endorse or sponsor the views of any speaker.]

ROLL CALL

CITY ATTORNEY CLOSED SESSION REPORT
PRESENTATIONS:

1. Proclamation: 2024 Asia American and Pacific Islander Heritage Month
24-224
Proclamation: 2024 Asia American and Pacific Islander Heritage Month
Attachments:

PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Comments on Consent Calendar items may also be heard at this time.

Comments are limited to 3 minutes, or as otherwise directed.

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Agenda May 21, 2024

COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Each council member is limited to 3 minutes. Additional comments will be heard at the end of the meeting.

1. Council Member Marr

2. Council Member Reynolds

3. Council Member Chavez

4. Council Member Gameros

5. Council Member Harper

6. Mayor Pro Tem Harlan

7. Mayor Stephens
REPORT – CITY MANAGER
REPORT – CITY ATTORNEY

CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine and will be acted upon in one motion. There will be no separate discussion of these items unless members of the City Council, staff, or the public request specific items to be discussed and/or removed from the Consent Calendar for discussion.

1. PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL

ORDINANCES AND RESOLUTIONS
24-212
RECOMMENDATION:

City Council and Housing Authority approve the reading by title only and waive full reading of Ordinances and Resolutions.

2. READING FOLDER 24-213
RECOMMENDATION:

City Council receive and file Claims received by the City Clerk and authorize staff to reject any and all Claims: Angel Banegas Dorado.

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Agenda May 21, 2024

3. ADOPTION OF WARRANT RESOLUTION 24-192
RECOMMENDATION:

City Council approve Warrant Resolution No. 2717.

Agenda Report

1. Summary Check Registry 05-02-2024

2. Summary Check Registry 05-09-2024

3. Summary Check Registry 05-16-2024
Attachments:

4. MINUTES 24-214
RECOMMENDATION:

City Council approve the minutes of the regular meetings of April 2, 2024 and April 16, 2024, and the special Study Session meeting of April 23, 2024.

Agenda Report

1. 04-02-2024 Draft Minutes

2. 04-16-2024 Draft Minutes

3. 04-23-2024 Draft Minutes
Attachments:

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Agenda May 21, 2024

5. PROFESSIONAL SERVICES AGREEMENTS FOR ON-CALL STAFF

SUPPORT AND PROGRAM MANAGEMENT SERVICES FOR

VARIOUS PARKS PROJECTS
24-197
RECOMMENDATION:

Staff recommends the City Council:

1. Approve and authorize the City Manager and the City Clerk to execute a five-year Professional Services Agreement (PSA) with each consulting firm listed below from May 21, 2024 - May 20, 2029, in substantially the form as attached and in such final form as approved by the City Attorney for on- call staff support and program management services for various parks projects:
· Interwest Consulting Group (Interwest)
· Ladayu Consulting Group (Ladayu)

2. Authorize the City Manager and the City Clerk to execute future amendments with the above-listed firms including any potential increases in compensation as long as the amendments are within the approved allocated amount of $650,000.

Agenda Report

1. Interwest Consulting

2. Ladayu Consulting Group
Attachments:

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Agenda May 21, 2024

6. ACCEPTANCE AND ALLOCATION OF THE FY 2023 OPERATION

STONEGARDEN (OPSG) FUNDS
24-199
RECOMMENDATION:

Staff recommends the City Council:

1. Approve the Agreement for the FY 2023 Operation Stonegarden (OPSG) Funds and authorize the City Manager or designee to execute the agreement.

2. Adopt Resolution No. 2024-XX authorizing the acceptance of the FY 2023 OPSG funds and authorizing the City Manager or designee to accept the funds in the amount of $191,000.00.

3. Approve revenue and expense appropriations in the amount of $191,000.00 for the FY 2023 OPSG funds.

Agenda Report

1. Resolution Authorizing Acceptance of FY 2023 OPSG Funds

2. 2023 OPSG Memorandum of Agreement

3. Exhibit A - 2023 OPSG Budget Worksheet

4. Exhibit B - 2023 OPSG Standard Assurances

5. Exhibit C - 2023 OPSG Byrd Anti-Lobbying Certification Form Attachments:

AT THIS TIME COUNCIL WILL ADDRESS ANY ITEMS PULLED FROM THE CONSENT

CALENDAR
------------------------------END OF CONSENT CALENDAR-------------------------------

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10 REGULAR CITY COUNCIL AND HOUSING
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Agenda May 21, 2024
PUBLIC HEARINGS:
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.)

1. FISCAL YEAR (FY) 2024-2025 ANNUAL ACTION PLAN IDENTIFYING

FUNDING PRIORITIES FOR THE COMMUNITY DEVELOPMENT

BLOCK GRANT ( CDBG) AND HOME INVESTMENT PARTNERSHIPS

GRANT (HOME) PROGRAMS
24-204
RECOMMENDATION:

Staff recommends the City Council:

1. Hold a Public Hearing regarding the FY 2024-2025 Annual Action Plan.

2. Approve the recommended allocation of $1,189,331 for FY 2024-2025 Community Development Block Grant, which includes the annual allocation of $971,431 prior year( s) uncommitted program funds in the amount of $187,000, and $30,900 in CDBG program income (CDBG lien/loan repayment).

3. Approve the recommended allocation of $558,943 for the Fiscal Year 2024-2025 HOME Investment Partnerships Grant, which includes the annual allocation of $395,571 prior year( s) unused administrative resources in the amount of $54,702, and $108,670 in program income (HOME lien/loan repayments).

4. Adopt Resolution No. 2024-XX in order to:
a. Approve the FY 2024-2025 Annual Action Plan.
b. Authorize the City Manager, or the City Manager ’s designee, to submit the FY 2024-2025 Annual Action Plan to the U .S.

Department of Housing and Urban Development.
c. Designate the City Manager, or the City Manager ’s designee, as the official representative of the City to administer the programs and to execute and submit all required agreements, certifications, and documents required by HUD, and execute all subrecipient agreements for the use of funds approved in the FY 2024-2025 Annual Action Plan.

5. Provide direction regarding an update of our Public Service Grant guidelines and rating rubric as described in the staff report.

Agenda Report

1. Resolution

2. Public Service Grant Recommendations

3. Draft 2024-25 Action Plan
Attachments:

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11 REGULAR CITY COUNCIL AND HOUSING
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Agenda May 21, 2024
OLD BUSINESS: NONE.

NEW BUSINESS:

1. UPGRADES TO AUDIO /VISUAL EQUIPMENT AND BROADCAST
SYSTEM
24-217
RECOMMENDATION:

Staff recommends the City Council:

1. Approve the Professional Services Agreement with Triton Technology Solutions, Inc. for audio /visual and broadcasting system upgrades for the Council Chambers, Control Room, Community Room, and Conference Room 1A, pursuant to CMMC 2-171(b).

2. Authorize the City Manager and City Clerk to execute the agreement and any future authorized amendments to the agreement.

3. Approve a budget appropriation of $238,250 from available fund balances in the Information Technology Replacement Fund 603.

1. PSA with Triton Technologies Solutions, Inc.Attachments:

ADDITIONAL COUNCIL /BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND

SUGGESTIONS

ADJOURNMENT

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12 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-224 Meeting Date: 5/21/2024
TITLE:

Proclamation: 2024 Asia American and Pacific Islander Heritage Month DEPARTMENT: City Manager’s Office

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13 WHEREAS, Asian American Pacific Islanders Heritage Month elevates the rich and vibrant heritage and contributions of Asian Americans and Pacific Islanders have made to American history, society, and culture; and WHEREAS, since 1978, May has been a dedicated time t o celebrate Asian American and Pacific Islander heritage , and in 1992, Congress officially designated the month of May as Asian American Pacific Islander Heritage Month, celebrating the significan t role Asian Americans and Pacific Islanders have played in the creation of a dynamic American society with their contributions to the arts, commerce, government, and sciences; and
WHEREAS, Orange County is home to the third-largest Asian American population nationwide, and there are almost 800,000 Asian Americans and over 20,000 Native Hawaiians and Pacific Islanders county wide and in Costa Mesa, nearly 10% of Costa Mesan residents identify as Asian, Native Hawaiian, and Pacific Islander; and WHEREAS, this year’s 2024 Asian American and Pacific Islander Month theme is “Bridging Histories, Shaping Our Future,” it embodies the spirit of the collective journey- one rooted in resilience and hope- and encourages the forging of international connections to honor the past and pave a lasting path forward; and
WHEREAS, Asian Americans and Pacific Islanders in Orange C ounty are starting businesses and creating jobs, and there are over 78,000 Asian American-owned businesses county-wide generating over $25 billion in revenue; and WHEREAS, annually, the OC Fair and Event Center hosts cultural celebrations honoring the heritage of Asian Americans and Pacific Islanders, including the Tet Festival, organized by the Union of Vietnamese Students, and attracting over 60,000 guests, as well as the OC Japan Fair, hosted by Japan Product Promotion, unfolds as a vibrant celebration of Japanese culture. Spanning three days, this festival delights visitors with a colorful array of Japanese cuisine, cultural displays, music, technological innovations, an ime showcases, and much more, drawing in thousands of visitors to the city; and WHEREAS, the City’s economic and social institutions have benefitted from the rich arts of the AAPI community through diverse presentations held at the Segerstrom Center of the Arts, like performances by Shen Yun, a brilliant artistic revival and cele bration of China’s rich cultural heritage; and
WHEREAS, the City of Costa Mesa is committed to recognizing the achievements of Asian American and Pacific Islander business entrepreneurs and community leaders in the city, like John Park, co -owner of Toast Kitchen + Bake ry, and Ed Lee, co -founder of Wahoo’s Fish Tacos, not only manage successful businesses but also contribute significantly to philanthropic efforts benefiti ng the community.

NOW, THEREFORE, I, John Stephens, Mayor of the City of Costa Mesa, do hereby proclaim May 2024 as Asian American Pacific Islander Heritage Month in the City of Costa Mesa, and I urge all residents in our City to join me in this special observance.

DATED this 7th day of May 2024.

________________________________________________________ John B. Stephens, Mayor of the City of Costa Mesa
14 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-212 Meeting Date: 5/21/2024
TITLE:

PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL ORDINANCES AND

RESOLUTIONS
RECOMMENDATION:

City Council and Housing Authority approve the reading by title only and waive full reading of Ordinances and Resolutions.

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15 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-213 Meeting Date: 5/21/2024
TITLE:

READING FOLDER
DEPARTMENT: City Manager’s Office/City Clerk’s Division RECOMMENDATION:

City Council receive and file Claims received by the City Clerk and authorize staff to reject any and all Claims: Angel Banegas Dorado.

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16 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-192 Meeting Date: 5/21/2024
TITLE:

ADOPTION OF WARRANT RESOLUTION
DEPARTMENT: Finance Department
PRESENTED BY: Carol Molina, Finance Director
CONTACT INFORMATION: Carol Molina at (714) 754-5243
RECOMMENDATION:

City Council approve Warrant Resolution No. 2717.

BACKGROUND:

In accordance with Section 37202 of the California Government Code, the Director of Finance or their designated representative hereby certify to the accuracy of the following demands and to the availability of funds for payment thereof.

FISCAL REVIEW:

Funding Payroll Register No. 24-08 “A”Off Cycle for $2,847.19, 24-09 On Cycle for $3,465,565.46, and 24-10 On Cycle for $3,437,063.44 and City operating expenses for $3,199,868.73.

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17 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-192 Meeting Date: 5/21/2024
TITLE:

ADOPTION OF WARRANT RESOLUTION
DEPARTMENT: Finance Department
PRESENTED BY: Carol Molina, Finance Director
CONTACT INFORMATION: Carol Molina at (714) 754-5243
RECOMMENDATION:

City Council approve Warrant Resolution No. 2717.

BACKGROUND:

FISCAL REVIEW:

Funding Payroll Register No. 24-08 “A”Off Cycle for $2,847.19, 24-09 On Cycle for $3,465,565.46, and 24-10 On Cycle for $3,437,063.44 and City operating expenses for $3,199,868.73.

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CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-214 Meeting Date: 5/21/2024
TITLE:

MINUTES
DEPARTMENT: City Manager’s Office/City Clerk’s Division RECOMMENDATION:

City Council approve the minutes of the regular meetings of April 2, 2024 and April 16, 2024, and the special Study Session meeting of April 23, 2024.

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82 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-214 Meeting Date: 5/21/2024
TITLE:

MINUTES
DEPARTMENT: City Manager’s Office/City Clerk’s Division RECOMMENDATION:

City Council approve the minutes of the regular meetings of April 2, 2024 and April 16, 2024, and the special Study Session meeting of April 23, 2024.

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83 Minutes – Regular Meeting April 2, 2024 Page 1 of 12

REGULAR MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITY APRIL 2, 2024 - MINUTES
CALL TO ORDER – The Closed Session meeting was called to order by Mayor Stephens at 5:00 p.m.

ROLL CALL

Present: Council Member Chavez, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.

Absent: Council Member Gameros and Council Member Harper.

PUBLIC COMMENTS – NONE.

CLOSED SESSION ITEMS:

1. CONFERENCE WITH LEGAL COUNSEL - INITIATION OF LITIGATION - ONE CASE Pursuant to California Government Code Section 54956.9 (d)(4), Potential Litigation.

2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Pursuant to California Government Code Section 54956.8
APN: 420-012-16
Agency Negotiators: Lori Ann Farrell Harrison, City Manager Negotiating Parties: State of California
Under Negotiation: Price and Terms of Payment
City Council recessed at 5:02 p.m. for Closed Session.

Closed Session adjourned at 6:00 p.m.

CALL TO ORDER – The Regular City Council and Housing Authority meeting was called to order by Mayor Stephens at 6:03 p.m.

NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE – Led by Ms. McVeigh’s second grade class from Sonora Elementary School.

MOMENT OF SOLEMN EXPRESSION – Led by Pastor Christine Nolf, Redemption Church. 84 Minutes – Regular Meeting April 2, 2024 Page 2 of 12

ROLL CALL

Present: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.

Absent: None.

CITY ATTORNEY CLOSED SESSION REPORT – No reportable action.

PRESENTATIONS:

An update on the Active Transportation Committee was provided by Ralph Taboada, Chair and Bridget Gleason, Vice Chair.

PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Speaker, spoke on Irvine Connect a new free shuttle service in Irvine.

Shirley McDaniels spoke against the proposed housing project at the Senior Center due to concerns on the infrastructure and parking.

Janna Moore and Ella Mootz, advocated for the fight against epilepsy, and spoke on the Epilepsy walk at Tewinkle Park.

Speaker, spoke on the problems associated with illegal street vendors.

Daniel Morgan, Costa Mesa, spoke on challenges associated with the planning and building permitting process, and the costs.

Patty Bonilla, Costa Mesa, spoke on the problems associated with illegal street vendors.

Frank Spitzer, spoke on problems associated with the group home on Joann Street and spoke on excessive police calls to the property.

Speaker, spoke on excessive police calls to the group home on Joann Street.

Speaker, spoke on excessive police calls to the group home on Joann Street, problems associated with the group home, and spoke on safety issues.

Alan Mayeda, spoke in opposition to the development at the senior center due to parking concerns and costs.

Becca Walls, spoke on the Priceless Pets contract and requested that the trap and release provision be included in the contract.

Speaker, spoke on a dog park and a variety of issues.
85 Minutes – Regular Meeting April 2, 2024 Page 3 of 12

COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Council Member Chavez spoke on addressing the issues associated with the group home on Joann Street, spoke on the upcoming Strategic Planning Session and requested the following items for council consideration: tree canopies, efficiency in government, customer service, and rezoning.

Council Member Gameros spoke on illegal street vendors, spoke on the Women in STEM event at the Norma Hertzog Community Center, spoke on home ownership, and employment for young adults.

Council Member Harper spoke on emailing the Council Members with concerns or questions.

Council Member Marr spoke on issues associated with the Joann Street property, spoke on the senior center housing project and parking, and spoke on expediting the permitting process.

Council Member Reynolds spoke on publicizing the tree planting program, spoke on the Women in STEM event at the Norma Hertzog Community Center, requested an update on the bike safety education program, spoke in support of public information and education on traffic calming measures, and spoke on community events for Bike Month and Pride Month.

Mayor Stephens spoke on the Strategic Planning Retreat on April 19 th at the Norma Hertzog Community Center, spoke on the State of the City on April 24 th, spoke on the Radiant Health Center event on April 13 th, spoke on Supervisor Foley’s event at Orange County Museum of Art and that Tina Hanley received the award for Women in Law and Justice, spoke on throwing the first pitch at the Battle of the Bell game, spoke on visiting the Art of Jujitsu business, requested an update on the illegal street vendors, spoke on addressing the 250 Joann Street issues, and spoke on updating the Trap and Release policy.

REPORT – CITY MANAGER – Ms. Farrell Harrison spoke on addressing the illegal street vendors issues, and introduced Brian Gruner, Parks and Community Services Director; Delcie Hynes, Emergency Services Manager; and Mark Khao, Budget and Purchasing Manager.

Assistant City Manager Ms. Gallardo-Daly spoke on addressing issues at the 250 Joann Street group home.

Police Chief Lawrence spoke on the calls for service at the 250 Joann Street group home.

REPORT – CITY ATTORNEY – NONE.
86 Minutes – Regular Meeting April 2, 2024 Page 4 of 12

CONSENT CALENDAR
MOVED/SECOND: Council Member Chavez/Mayor Pro Tem Harlan MOTION: Approve the Consent Calendar.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.

Nays: None.

Absent: None.

Abstain: None.

Motion carried: 7-0

1. PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL ORDINANCES AND

RESOLUTIONS
ACTION:

City Council and Housing Authority approved the reading by title only and waived full reading of Ordinances and Resolutions.

2. READING FOLDER
ACTION:

City Council received and filed Claims received by the City Clerk and authorized staff to reject any and all Claims: Morgan & Morgan (Heidi Kearns), Eli Navarette, Gary Reynolds.

3. ADOPTION OF WARRANT RESOLUTION
ACTION:

City Council approved Warrant Resolution No. 2714.

4. MINUTES
ACTION:

City Council approved the minutes of the regular meeting of March 19, 2024.

5. DESIGNATION OF VOTING DELEGATE FOR THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) 2024 REGIONAL CONFERENCE AND

GENERAL ASSEMBLY
ACTION:

City Council designated Council Member Arlis Reynolds as the delegate for the upcoming 2024 Annual Southern California Association of Governments (SCAG) Regional Conference and General Assembly.
87 Minutes – Regular Meeting April 2, 2024 Page 5 of 12

6. AMENDMENT TO THE CITYWIDE TRAFFIC SIGNAL MAINTENANCE CONTRACT ACTION:

1. City Council approved the First Amendment to the Maintenance Services Agreement (MSA) with Yunex LLC to provide maintenance of the City’s traffic signals, increasing the annual compensation for current and future years of the MSA by $100,000, for an annual amount not to exceed $500,000.

2. Authorized the City Manager and the City Clerk to execute the agreement and future amendments to the agreement.

7. REJECT ALL BIDS - WILSON, WAKEHAM, AND TEWINKLE PARKS BRIDGES REPLACEMENT PROJECT, CITY PROJECT NO. 23-12
ACTION:

City Council rejected all bids for the Wilson, Wakeham, and TeWinkle Parks Bridges Replacement Project, City Project No. 23-12.

AT THIS TIME COUNCIL WILL ADDRESS ANY ITEMS PULLED FROM THE CONSENT

CALENDAR
------------------------------END OF CONSENT CALENDAR------------------------------- City Council recessed into a break at 7:26 p.m.

City Council reconvened at 7:41 p.m.

PUBLIC HEARINGS:

1. SECOND READING OF ORDINANCE NO. 2024-02 AMENDING TITLE 13 (PLANNING, ZONING AND DEVELOPMENT) OF THE COSTA MESA MUNICIPAL

CODE TO ESTABLISH AFFORDABLE HOUSING REQUIREMENTS FOR NEW

RESIDENTIAL DEVELOPMENT PROJECTS AND FEE RESOLUTION TO

ESTABLISH THE AFFORDABLE HOUSING IN-LIEU FEE SCHEDULE
Presentation by Ms. Huynh, Principal Planner.

Public Comments:

Christine Nolf, Costa Mesa, spoke in support of an Inclusionary Housing Ordinance, spoke on housing costs, increasing the maximum amount of affordable housing in the city, spoke in support of 15% low or 10% very low on projects over 40 units, and spoke in support of establishing strong in-lieu fees.

Jacob Sanchez, Costa Mesa, spoke in support of 15% low income on projects.

Speaker, Costa Mesa, spoke on the high rental costs and in support of 15% low income on projects.
88 Minutes – Regular Meeting April 2, 2024 Page 6 of 12 Cynthia McDonald, Costa Mesa, spoke on market rate units, overall ratio, and in support of 15% low income on projects.

Reina Cuthill, Costa Mesa, spoke in support of 15% low income on projects, supports a strong affordable housing ordinance that will impact generations to come.

Speaker, spoke on the need for extremely low-income housing, and in support of 15% low income on projects.

Speaker, spoke in support of affordable housing.

Jenn Tanaka, Costa Mesa, spoke on the timeline for rezoning requirements, the Housing and Community Development suggestions and the change in wording from “can” to “shall”, and that a 20% builders remedy is too high.

Speaker, spoke on incentives, taxes, and assisting first time homebuyers.

Adam Wood, Building Industry Association, spoke on the Planning Commission recommendations, spoke on moving forward with a program that will actually provide more housing, spoke on the City of Santa Ana as a good comparison, and that affordable housing is linked to supply.

Cesar Covarrubias, Executive Director of Kennedy Commission, spoke on the number of units in production in Santa Ana, supports a 15% low income, and spoke on the City of Santa Ana’s fees.

Speaker, spoke in support of a strong affordable housing requirement.

Tim O’Brien, Legacy Partners, spoke on the percentages needing to be competitive, spoke on industrial building and zoning, and spoke in support of the Planning Commission’s recommendation.

George Sakioka, Sakioka Company, spoke on developers meeting the requirements and market forces, spoke on the Planning Commission’s recommendation, spoke on timing of the ordinance and zoning enhancements, and on guarantees for long term development.

Christian Garcia, Costa Mesa, spoke on the need for affordable housing, spoke on increasing the percentages, spoke on creating better environments for families, and in support of 15% low income on projects.

Priscilla Rocco, spoke in support of an inclusionary housing ordinance, and in support of 15% low income and 10% for very low income.
89 Minutes – Regular Meeting April 2, 2024 Page 7 of 12 MOVED/SECOND: Council Member Marr/Council Member Reynolds MOTION: Approve staff recommendation with the following changes:
 At 60 or more dwelling units per acre,15% low income and 10% very low income.  Strike Section 2 related to ownership residential projects and remove references to ownership from the ordinance.
 Adopt in-lieu fees as proposed.

SUBSTITUTE MOTION/SECOND: Mayor Pro Tem Harlan/Council Member Chavez SUBSTITUTE MOTION: Approve staff recommendations with the following changes:
 Allocate $2.5 million in the 2024/2025 budget for an Affordable Housing Trust Fund.
Increase threshold to 50 dwelling units.
 At 60 units per dwelling acre, 10% low income and 5% very low income.  Strike section two related to ownership residential projects and remove references to ownership from the ordinance.
 The ordinance will be effective upon the adoption of rezoning by the City Council.

Discussion ensued on the threshold and on in-lieu fees.

Council Member Reynolds clarified her motion to include the threshold to be 50 dwelling units, strike section two (2) related to ownership residential projects and remove references to ownership from the ordinance, defer in-lieu fees, and the ordinance shall take effect thirty (30) days after adoption.

SECOND SUBSTITUTE MOTION/SECOND: Council Member Reynolds/Council Member Marr
SUBSTITUTE MOTION: Staff recommendation with the following changes:
 At 60 units per dwelling acre, 10% low income, and 5% very low income.  Allocate $2.5 million into an Affordable Housing Trust Fund, including a first-time home ownership program.
 Direct staff to bring back strategies & needs possibly via a study session to accelerate rezoning.
 Streamline projects subject to the affordable housing ordinance.  Increase the threshold to 50 dwelling units.
 The Ordinance shall be effective 30 days after adoption (pursuant to State Law).  Strike section two (2) related to home ownership projects in the ordinance.  Defer in-lieu fees to a future meeting.
90 Minutes – Regular Meeting April 2, 2024 Page 8 of 12 The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.

Nays: None.

Absent: None.

Abstain: None.

Motion carried: 7-0
ACTION:

1. City Council found that the project is categorically exempt from the California Environmental Quality Act (CEQA), Section 15061(b)(3) (“General Rule”).

2. Gave first reading to Ordinance No. 2024-02 approving the Affordable Housing Ordinance and amending Title 13 to establish the affordable housing requirements for new residential development projects.

3. Deferred Resolution No. 2024-10 establishing the affordable housing in-lieu fee schedule to a later date.

City Council recessed into a break at 10:30 p.m.

City Council reconvened at 10:46 p.m.

OLD BUSINESS:

1. CITY COUNCIL FIRST READING OF ORDINANCES TO AMEND TITLE 13 (PLANNING, ZONING AND DEVELOPMENT) AND TITLE 9 (LICENSES AND

BUSINESS REGULATIONS) OF THE COSTA MESA MUNICIPAL CODE TO MODIFY THE CITY’S RETAIL CANNABIS PROVISIONS AND FIND THIS PROJECT TO BE

CATEGORICALLY EXEMPT FROM CEQA
Presentation by Ms. Halligan, Senior Planner.

MOVED/SECOND: Council Member Marr/Council Member Gameros MOTION: Limit Public Comment time to 2 minutes each.

The motion carried: 5-2.

Public Comments:

Joe Zappala, spoke on signage and allowing dispensaries to identify their business.

Speaker, expressed concern that a cap of 35 is too high and requested a buffer zone between stores.

Mike Hannegan, Secret Garden, spoke on allowing signage that identifies it is a dispensary, cannabis store, or has a green cross.
91 Minutes – Regular Meeting April 2, 2024 Page 9 of 12 Speaker, spoke on changing the numeric limit from Cannabis Business Permit to Conditional Use Permit, remove the legal non-confirming status from being attached to existing stores, requested to remove the requirement that each financial interest holder obtain a business license.

Speaker, spoke in support of a cap at 35, and in support of changing the signage to allow identification of the business.

Speaker, indicated the cap of 35 is too high and spoke on the separation requirements.

MOVED/SECOND: Mayor Stephens/Council Member Gameros
MOTION: Approve staff recommendations with the following changes:
 Continue to process the 35 CUP applications, accept no other applications for 3 years, then at that time City Council can decide whether to accept additional applications, and if they decide to, what constraints or buffers.  Direct staff to process the remaining 12 CUP applications by the end of 2024, based on the readiness of the application, not if Tier 1 or Tier 2 system.  If subsequently there is a sale or change in ownership of an existing CUP they can apply for a CBP.

Discussion ensued on the financial interest business license requirement.

Mayor Stephens added to the motion to strike that each financial interest holder shall obtain a business license.

SUBSTITUTE MOTION/SECOND: Council Member Marr/Council Member Chavez SUBSTITUTE MOTION: Approve staff recommendation.

Mayor Pro Tem Harlan requested to strike that each financial interest holder shall obtain business license requirement.

Council Member Marr did not agree to the change.

SUBSTITUTE MOTION/SECOND: Council Member Marr/Council Member Chavez SUBSTITUTE MOTION: Approve staff recommendation.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, and Mayor Pro Tem Harlan.

Nays: Mayor Stephens.

Absent: None.

Abstain: None.

Motion carried: 6-1
92 Minutes – Regular Meeting April 2, 2024 Page 10 of 12 ACTION:

1. City Council found that the project is categorically exempt from the California Environmental Quality Act (CEQA), Section 15061(b)(3) (“General Rule”).

2. Introduced for first reading, by title only, Ordinance No. 2024-03 amending Title 13 (Planning, Zoning and Development) and Ordinance No. 2024-04 amending Title 9 (Licenses and Business Regulations) of the Costa Mesa Municipal Code to modify the City’s retail cannabis provisions.

NEW BUSINESS:

1. AWARD OF FIRE STATION NO. 4 TRAINING TOWER AND SITE IMPROVEMENTS PROJECT, CITY PROJECT NO. 23-04, AND FINDING OF A CATEGORICAL

EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) Presentation by Mr. Yang, City Engineer.

Public Comments:

Speaker, spoke on the Finance and Pension Advisory Committee reviewing the item and inquired if the scope had increased.

MOVED/SECOND: Council Member Gameros/Council Member Chavez MOTION: Approve staff recommendation.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.

Nays: None.

Absent: None.

Abstain: None.

Motion carried: 7-0
ACTION:

1. City Council found that the Fire Station No. 4 Training Tower and Site Improvements Project, City Project No. 23-04, is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines Section 15301.

2. Adopted plans, specifications, and working details for the Fire Station No. 4 Training Tower and Site Improvements Project, City Project No. 23-04.

3. Authorized the City Manager and City Clerk to execute a Public Works Agreement (PWA) in a not to exceed amount of $3.5 million and future contract amendments as approved by the City Attorney within City Council authorized limits to Caliba, Inc., 8031 Main Street, Stanton, California 90680.
93 Minutes – Regular Meeting April 2, 2024 Page 11 of 12

4. Authorized the City Manager and City Clerk to execute a Professional Services Agreement (PSA) in the amount of $347,241 and future contract amendments as approved by the City Attorney and within City Council authorized limits to STV Construction, Inc., 1055 West 7th Street, Suite 2900, Los Angeles, California 90017.

5. Authorized the City Manager to negotiate change orders, as needed, to split the project into phases based on available funding, and explore financing options, including bond financing, with final bond documents to be brought to the City Council for final adoption, to fund the remaining unfunded portion of the project’s construction costs currently totaling $1.5 million for the second phase of the project.

MOVED/SECOND: Council Member Chavez/Mayor Stephens
MOTION: Continue New Business item No. 2 to the next regularly scheduled meeting.

SUBSTITUTE MOTION/SECOND: Council Member Harper/Council Member Marr SUBSTITUTE MOTION: Adjourn the meeting and continue the remaining items to the April 16th meeting.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Mayor Pro Tem Harlan, and Mayor Stephens.

Nays: Council Member Reynolds.

Absent: None.

Abstain: None.

Motion carried: 6-1

2. FISCAL YEAR 2023-24 MID-YEAR BUDGET UPDATE AND ADJUSTMENTS ACTION:

City Council continued the item to the April 16, 2024 City Council meeting.

3. APPOINTMENTS TO VARIOUS CITY COMMITTEES
ACTION:

City Council continued the item to the April 16, 2024 City Council meeting.

ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS – NONE.

ADJOURNMENT – Mayor Stephens adjourned the meeting at 11:46 p.m. 94 Minutes – Regular Meeting April 2, 2024 Page 12 of 12 Minutes adopted on this 21st day of May, 2024.
___________________________
John Stephens, Mayor
ATTEST:
___________________________
Brenda Green, City Clerk
95 Minutes – Regular Meeting April 16, 2024 Page 1 of 14

REGULAR MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITY APRIL 16, 2024 – 6:00 P.M. - MINUTES
CALL TO ORDER – The Regular City Council and Housing Authority meeting was called to order by Mayor Stephens at 6:04 p.m.

NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE – Led by the Chamber Choir of Christ Lutheran School.

MOMENT OF SOLEMN EXPRESSION – Led by Pastor Phil Eyskens, Lighthouse Church.

ROLL CALL

Present: Council Member Chavez, Council Member Gameros, Council Member Harper (Excused at 11:26 p.m.), Council Member Marr (Excused at 11:17 p.m.), Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.

Absent: None.

PRESENTATIONS:

Bonni Pomush, Chief Executive Officer and Chris Collie and Thomas Lotts, Public Affairs Committee Members from Working Wardrobes provided a presentation to the City Council.

Mr. Drapkin, Assistant Development Services Director, provided an update on Street Vending Enforcement.

PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Speaker, spoke on safety concerns pertaining to the traffic improvements on W. 19th Street, spoke on enforcement on permit parking, and spoke on future development.

Speaker, spoke on visiting the Fire Department and praised first responders.

Lynn Redman, Costa Mesa, spoke on Fairview Park and issues associated with mustard plants and requested removal and mitigation.

Speakers, advocated for the fight against epilepsy, and spoke on the Epilepsy walk at Tewinkle Park.

Juana Trejo spoke on families being evicted, enforcement of laws, and requested to share materials in Spanish.
96 Minutes – Regular Meeting April 16, 2024 Page 2 of 14 Speaker, Resilience Orange County, requested an update on the Tenant Protection Ordinance, spoke on families receiving eviction notices and if the City is tracking, spoke on a Sunshine Ordinance and releasing the agenda ten days in advance, spoke on Plumer Street conditions and improving the public right of way.

Speaker, Costa Mesa, spoke on issues associated with receiving assistance with the Tenant Protection Program and Rental Assistance Program, and on the City’s permit process.

Ida Wolf, spoke in opposition of the housing project at the Senior Center.

COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Council Member Gameros requested individuals to reach out to him regarding tenant issues and spoke on attending the STEM event.

Council Member Harper spoke on the Working Wardrobes organization, spoke on a complaint hotline, and expressed appreciation on the enforcement of illegal street vendors.

Council Member Marr requested an update on the Rental Assistance Program and the Tenant Protection Program.

Council Member Reynolds requested an update on the Rental Assistance program and the Permit Parking program and enforcement, spoke on the Fairview Park Steering Committee meeting, the Mobile Home Park Advisory Committee meeting and a presentation by Southern California Edison, stated the Active Transportation Committee is reviewing the E-bike Ordinance, spoke on attending the STEM event, and thanked staff for the traffic calming measures by Whittier School.

Council Member Chavez spoke on the Strategic Planning Retreat on April 19 th, requested an update on the Tenant Protection Ordinance, and thanked staff for the enforcement of illegal street vendors.

Mayor Pro Tem Harlan spoke on the Harper Park six-month pilot project and requested an update, and requested an update on the Parks and Open Space Master Plan.

Mayor Stephens spoke on attending the Radiant Healthcare Gala, spoke on the State of the City on April 24 th, thanked Council Member Reynolds and Mr. Thomas for sharing education on E-Bikes, spoke on attending the Bark Bash at Tewinkle Park, and spoke on the OCTA Board approving the videotaping and livestreaming of their meetings and spoke on transparency.

REPORT – CITY MANAGER – Ms. Farrell Harrison thanked staff for addressing the illegal street vendors, spoke on the non-emergency line, spoke on bringing forth an update on the Tenant Protection Program and Parks and Open Space Master Plan.

REPORT – CITY ATTORNEY – NONE.
97 Minutes – Regular Meeting April 16, 2024 Page 3 of 14

CONSENT CALENDAR
MOVED/SECOND: Council Member Marr/Council Member Chavez MOTION: Approve the Consent Calendar except for items 4, 5, and 6.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.

Nays: None.

Absent: None.

Abstain: None.

Motion carried: 7-0

1. PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL ORDINANCES AND

RESOLUTIONS
ACTION:

City Council and Housing Authority approved the reading by title only and waived full reading of Ordinances and Resolutions.

2. READING FOLDER
ACTION:

City Council received and filed Claims received by the City Clerk and authorized staff to reject any and all Claims: Jennifer Maniaci, Johnathan Pate, Loya Casualty Insurance Company (Smith, Brittany).

3. ADOPTION OF WARRANT RESOLUTION
ACTION:

City Council approved Warrant Resolution No. 2715.

ITEMS PULLED FROM THE CONSENT CALENDAR

4. MINUTES
Council Member Reynolds requested a correction on Public Hearing Item 1, to include a two-year timeframe for strategies.

Public Comments: None.

MOVED/SECOND: Council Member Marr/Council Member Harper MOTION: City Clerk to review the video of the April 2, 2024 meeting and bring back minutes for approval at a future meeting.

SUBSTITUTE MOTION/SECOND: Council Member Reynolds
SUBSTITUTE MOTION: Approve minutes as is.

Council Member Reynolds withdrew the substitute motion. 98 Minutes – Regular Meeting April 16, 2024 Page 4 of 14 ORIGINAL MOTION/SECOND: Council Member Marr/Council Member Harper MOTION: City Clerk to review the video of the April 2, 2024 meeting and bring back minutes for approval at a future meeting.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.

Nays: None.

Absent: None.

Abstain: None.

Motion carried: 7-0
ACTION:

City Clerk to review the video of the April 2, 2024 meeting and bring back minutes for approval at a future meeting.

5. ANIMAL CARE SHELTER SERVICES - PRICELESS PETS RESCUE Council Member Gameros recused himself from the item, as his wife works for Priceless Pet Rescue, stepped down from the dais, and left the Council Chambers.

Public Comments:

Sue Lester spoke in opposition of the item.

Becca Walls spoke in favor of the item.

MOVED/SECOND: Mayor Stephens/Council Member Chavez
MOTION: Approve staff recommendation.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.

Nays: Council Member Harper.

Absent: None.

Abstain: Council Member Gameros.

Motion carried: 5-1-1
ACTION:

1. City Council approved and authorized the City Manager to execute the Professional Services Agreement with Priceless Pets Rescue (PPR) to provide full-service animal sheltering and animal adoption services. PPR will be responsible for the intake, coordination, and management of animals within the City of Costa Mesa for a five-year term, July 1, 2024 - June 30, 2029, for a not to exceed amount of $480,000 annually.

2. Approved an annual Consumer Price Index (CPI) escalation and de-escalation not exceeding 5%.
99 Minutes – Regular Meeting April 16, 2024 Page 5 of 14

3. Authorized the City Manager and City Clerk to execute the agreement and any future authorized amendments to the agreement.

4. Authorized the City Manager or designee to extend the PPR interim service agreement (Amendment #6) until June 30, 2024, for a not to exceed amount of $33,000 monthly.

6. SECOND READING OF ORDINANCES TO AMEND TITLE 13 (PLANNING, ZONING AND DEVELOPMENT) AND TITLE 9 (LICENSES AND BUSINESS REGULATIONS) OF THE COSTA MESA MUNICIPAL CODE TO MODIFY THE CITY’S RETAIL

CANNABIS PROVISIONS AND FIND THIS PROJECT TO BE CATEGORICALLY

EXEMPT FROM CEQA
Public Comments:

Speaker, spoke on new owners obtaining a Cannabis Business Permit if the business is sold.

Mike Hannegan, Secret Garden, requested allowing cannabis storefront signage.

Jim Fitzpatrick requested removing the requirement that any financial interest holder obtain a separate business license.

Joseph Zappala spoke in support of allowing signage and to include the word dispensary on signs, and spoke on being able to replace the tenant if the business is sold and allowing a new tenant.

Robert Taft requested removing the requirement of the financial interest holder to obtain a separate business license, spoke against a cap, and spoke against the ordinance.

Alexander Haberbush spoke on the cap of 35 storefronts and oversaturation and requested a buffer zone between cannabis stores.

MOVED/SECOND: Council Member Marr/Council Member Reynolds MOTION: Approve the ordinances as proposed.

SUBSTITUTE MOTION/SECOND: Council Member Gameros/Council Member Chavez SUBSTITUTE MOTION: Approve the ordinances with the following changes:

Follow State guidelines for the Cannabis Business Permits, and strike the language that each financial interest holder shall obtain a separate business license.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.

Nays: Council Member Harper.

Absent: None.

Abstain: None.

Motion carried: 6-1
100
Minutes – Regular Meeting April 16, 2024 Page 6 of 14
ACTION:

1. City Council found that the project is categorically exempt from the California Environmental Quality Act (CEQA), Section 15061(b)(3) (“General Rule”).

2. Gave first reading to Ordinance No. 2024-03 amending Title 13 (Planning, Zoning and Development) and Ordinance No. 2024-04 amending Title 9 (Licenses and Business Regulations) of the Costa Mesa Municipal Code to modify the City’s retail cannabis provisions, with the following changes: follow State guidelines for the Cannabis Business Permits, and strike the language that each financial interest holder shall obtain a separate business license.
----------------------------------------END OF CONSENT CALENDAR----------------------------------------- City Council recessed into a break at 8:32 p.m.

City Council reconvened at 8:46 p.m.

PUBLIC HEARINGS:
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.)

1. REVIEW OF THE PLANNING COMMISSION'S DECISION TO APPROVE MINOR CONDITIONAL USE PERMIT APPLICATION ZA-22-11 FOR A DRIVE-THROUGH OPERATION AND A REDUCTION OF REQUIRED PARKING; DEVELOPMENT REVIEW (PDVR-23-0003) TO ALLOW THE DEMOLITION OF AN EXISTING 25,159-SQUARE-FOOT COMMERCIAL BUILDING AND TO CONSTRUCT A NEW 2,913-SQUARE-FOOT RAISING CANES RESTAURANT WITH 1,303 SQUARE FEET OF COVERED OUTDOOR PATIO AREA; MINOR MODIFICATION PMND-23-0003 TO ALLOW FOR A DECREASE OF 20% IN REQUIRED FRONT YARD/LANDSCAPE SETBACK; FOR A PROPERTY LOCATED AT 1595 OLD NEWPORT BOULEVARD Ex parte communications:

Council Members Reynolds and Chavez met with the applicant.

Mayor Pro Tem Harlan received a text from the applicant’s representative.

Council Member Harper spoke with the applicant’s representative.

Council Member Gameros met with surrounding businesses.

Presentation by Mr. Aldana, Assistant Planner.

MOVED/SECOND: Council Member Marr
MOTION: Limit public comments to 2 minutes.

Motion failed for lack of a second.
101
Minutes – Regular Meeting April 16, 2024 Page 7 of 14
Public Comments:

Speaker, spoke in favor of the item.

Clay Knapp spoke in opposition of the item.

Speaker, spoke in favor of the item.

Gregg Kelly spoke in opposition of the item.

Trent Wright spoke in favor of the item.

Dan King spoke on the effects of the project and making it work for the community and spoke on addressing traffic concerns.

Speaker, spoke in opposition of the item.

Jay Goldsberry spoke on the potential of the area and in opposition of the project.

Paul Schwartz spoke on traffic concerns regarding the project.

Speaker, spoke on traffic concerns regarding the project.

Speaker, spoke on traffic concerns and safety.

Dartanian Pendleton spoke in favor of the item.

Steve Schwimmer spoke in opposition of the item.

Marc Vukcevich spoke in opposition of the item.

Speaker, spoke on traffic concerns.

MOVED/SECOND: Council Member Marr/Council Member Gameros MOTION: Overturn the Planning Commission’s decision and adopt a resolution to deny application ZA-22-11, PDVR-23-0003, and PMND-23-0003.

SUBSTITUTE MOTION/SECOND: Council Member Chavez/Mayor Stephens SUBSTITUTE MOTION: Uphold the Planning Commission’s decision and adopt a resolution to approve application ZA-22-11, PDVR-23-0003, and PMND-23-0003.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Harper, Mayor Pro Tem Harlan, and Mayor Stephens.

Nays: Council Member Gameros, Council Member Marr, and Council Member Reynolds.

Absent: None.

Abstain: None.
102
Minutes – Regular Meeting April 16, 2024 Page 8 of 14
Motion carried: 4-3
ACTION:

City Council approved ZA-22-11, PDVR-23-0003, and PMND-23-0003.

MOVED/SECOND: Council Member Marr/Council Member Reynolds MOTION: Continue Public Hearing Item No. 2 to the next City Council meeting on May 7, 2024.

The motion failed by the following roll call vote:

Ayes: Council Member Harper, Council Member Marr, and Council Member Reynolds.

Nays: Council Member Chavez, Council Member Gameros, Mayor Pro Tem Harlan, and Mayor Stephens.

Absent: None.

Abstain: None.

Motion failed: 3-4

2. APPEAL OF PLANNING APPLICATION 22-37 TO ESTABLISH AN EVENT CENTER

WITH OUTDOOR ACTIVITIES, INCLUDING A REQUEST TO OFFER VALET

PARKING AND TO DEVIATE FROM PARKING REQUIREMENTS LOCATED AT 3150 BEAR STREET
Ex parte communications: Council Member Gameros and Mayor Stephens spoke with the applicant.

Presentation by Ms. Curley, Assistant Planner.

Ms. Swanson, appellant, provided a presentation.

The applicant spoke on the project.

Public Comments:

Speaker, expressed concern on the hours of operation and parking in the neighborhood.

Speaker, expressed concern on the outside hours of operation.

MOVED/SECOND: Council Member Gameros/Council Member Chavez MOTION: Uphold Planning Commission’s decision and approve PA-22-37.

Council Member Reynolds requested to include a hotline number/direct contact to an onsite manager for residents to call in case of noise concerns.

Council Member Gameros (1 st) and Council Member Chavez (2 nd) agreed to the addition.
103
Minutes – Regular Meeting April 16, 2024 Page 9 of 14
MOVED/SECOND: Council Member Gameros/Council Member Chavez MOTION: Uphold Planning Commission’s decision to approve PA-22-37 and include a hotline number/direct contact to an onsite manager for residents to call in case of noise concerns.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.

Nays: None.

Absent: Council Member Harper and Council Member Marr.

Abstain: None.

Motion carried: 5-0
ACTION:

1. City Council found that the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15301 (Class 1), Existing Facilities.

2. Adopted Resolution No. 2024-15 approving Planning Application 22-37, based on findings of fact and subject to conditions of approval.

OLD BUSINESS: NONE.

MOVED/SECOND: Council Member Chavez/Mayor Stephens
MOTION: Continue the meeting past midnight.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.

Nays: None.

Absent: Council Member Harper and Council Member Marr.

Abstain: None.

Motion carried: 5-0
NEW BUSINESS:

1. FISCAL YEAR 2023-24 MID-YEAR BUDGET UPDATE AND ADJUSTMENTS Presentation by Ms. Molina, Finance Director.

Public Comments: None.

MOVED/SECOND: Council Member Chavez/Mayor Pro Tem Harlan MOTION: Approve staff recommendation.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.

Nays: None.

Absent: Council Member Harper and Council Member Marr.

Abstain: None.

Motion carried: 5-0
104
Minutes – Regular Meeting April 16, 2024 Page 10 of 14
ACTION:

City Council approved the following:

1. Amended the Table of Organization to add 3.27 new FTEs in the Economic and Development Services Department (2.0 FTEs); Parks and Community Services (0.75 FTE); and the Police Department (0.52 FTEs) to help achieve City Council goals and priorities related to housing, park and environmental resources management, and public safety.

2. Approved FY 2023-24 Staffing title changes and compensation adjustments to realign positions with current operational needs in multiple departments. a. Approved Resolution No. 2024-13 approving new classification and salary/pay ranges for an Animal Services Coordinator, new title for Multimedia Specialist and new title and pay ranges for Finance Officer.
b. Approved Resolution No. 2024-11 approving compensation adjustments for Finance Officer (Confidential).
c. Approved Resolution No. 2024-12 creating new classification and salary/pay ranges for Graduate Intern and compensation adjustments for Intern classification, absorbed within the existing adopted budget, in order to create a more viable pipeline of applicants to recruit City employees.

3. Approved FY 2023-24 Budget Carryovers from the prior year in the General Fund and the various Capital Projects Funds for outstanding capital projects.

2. APPOINTMENT TO THE PLANNING COMMISSION AND VARIOUS CITY

COMMITTEES
Presentation by Ms. Green, City Clerk.

Council Member Harper requested to make his appointments at the May 7, 2024 meeting.

Public Comments: None.

ACTION:

City Council made appointments as follows:

MOVED/SECOND: Council Member Reynolds/Council Member Chavez MOTION: Appoint David Martinez to the Planning Commission.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.

Nays: None.

Absent: Council Member Harper and Council Member Marr.

Abstain: None.

Motion carried: 5-0
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Minutes – Regular Meeting April 16, 2024 Page 11 of 14

1. Council Member Reynolds appointed David Martinez to the Planning Commission with a term expiration of January 2027.

MOVED/SECOND: Mayor Stephens/Council Member Chavez
MOTION: Appoint Sean Healey, Cara Stewart, and Angela Minjares to the Animal Services Committee with a term expiration of April 2026.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.

Nays: None.

Absent: Council Member Harper and Council Member Marr.

Abstain: None.

Motion carried: 5-0

2. City Council made the following three (3) appointments to the Animal Services Committee with a term expiration of April 2026. Mayor Stephens appointed Sean Healey, Cara Stewart, and Angela Minjares.

MOVED/SECOND: Council Member Chavez/Council Member Reynolds MOTION: Appoint Florence Martin, Michael Moses Nolf, Andrew Barnes, Alex Campoli, and Robert Morse to the Active Transportation Committee with a term expiration of April 2026.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.

Nays: None.

Absent: Council Member Harper and Council Member Marr.

Abstain: None.

Motion carried: 5-0

3. City Council made the following five (5) appointments to the Active Transportation Committee with a term expiration of April 2026. Mayor Stephens appointed Florence Martin, Mayor Pro Tem Harlan appointed Robert Morse, and Council Member Reynolds appointed Michael Moses Nolf, Andrew Barnes, and Alex Campoli.

MOVED/SECOND: Mayor Stephens/Council Member Gameros
MOTION: Appoint Quinn Callanan, Sean Healey, and James Andrews to the Finance and Pension Advisory Committee with a term expiration of April 2028.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.

Nays: None.

Absent: Council Member Harper and Council Member Marr.

Abstain: None.

Motion carried: 5-0

4. City Council made three (3) appointments to the Finance and Pension Advisory 106
Minutes – Regular Meeting April 16, 2024 Page 12 of 14
Committee with a term expiration of April 2028. Mayor Stephens appointed Quinn Callanan, Sean Healey, and James Andrews.

MOVED/SECOND: Council Member Chavez/Council Member Gameros MOTION: Appoint Richard Ramirez, Michael Tou, and Kathryn Grant to the Housing and Public Service Grants Committee with a term expiration of April 2026.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.

Nays: None.

Absent: Council Member Harper and Council Member Marr.

Abstain: None.

Motion carried: 5-0

5. City Council made three (3) appointments to the Housing and Public Service Grants Committee with a term expiration of April 2026. Mayor Stephens appointed Ricardo Ramirez, Mayor Pro Tem Harlan appointed Michael Tou, and Council Member Chavez appointed Kathryn Grant.

MOVED/SECOND: Mayor Stephens/Council Member Reynolds
MOTION: Appoint Gregory Harold, Leslie Chaney-Eames, and Vickie Talley to the Mobile Home Park Advisory Committee with a term expiration of April 2028.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.

Nays: None.

Absent: Council Member Harper and Council Member Marr.

Abstain: None.

Motion carried: 5-0

6. City Council made the following appointment to the Mobile Home Park Advisory Committee with a term expiration of April 2028: Mayor Stephens appointed Vickie Talley as the one (1) Park Owner or Representative, Council Member Reynolds appointed Gregory Harold and Leslie Chaney-Eames as the two (2) Mobile Home Park Resident appointments.

MOVED/SECOND: Council Member Chavez/Council Member Reynolds MOTION: Approve staff recommendation to dissolve the Historical Preservation Committee and transfer funds.

The motion carried by the following roll call vote:

Ayes: Council Member Chavez, Council Member Gameros, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens.

Nays: None.

Absent: Council Member Harper and Council Member Marr.

Abstain: None.

Motion carried: 5-0
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Minutes – Regular Meeting April 16, 2024 Page 13 of 14

7. City Council approved the Historical Preservation Committee to formally dissolve and appropriated an estimated total of $13,000 from uncommitted Costa Mesa Community Foundation Fund and authorized a transfer from the Costa Mesa Historical Preservation Committee to the Costa Mesa Historical Society.

ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND

SUGGESTIONS
Mayor Pro Tem Harlan spoke on the applications received for the Commission/Committee appointments.

Council Member Chavez inquired if other City Council Members were interested in considering drive-through businesses.

ADJOURNMENT – Mayor Stephens adjourned the meeting at 12:16 a.m., April 17, 2024. 108
Minutes – Regular Meeting April 16, 2024 Page 14 of 14
Minutes adopted on this 21st day of May, 2024.
___________________________
John Stephens, Mayor
ATTEST:
___________________________
Brenda Green, City Clerk
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Minutes – Special Study Session April 23, 2024 Page 1 of 2

SPECIAL STUDY SESSION MEETING OF THE CITY COUNCIL
APRIL 23, 2024 – 5:00 P.M. - MINUTES
CALL TO ORDER – The Special Study Session meeting was called to order by Mayor Stephens at 5:00 p.m.

PLEDGE OF ALLEGIANCE – Led by the Mayor.

ROLL CALL

Present: Council Member Chavez, Council Member Gameros, Council Member Harper, Council Member Reynolds, Mayor Pro Tem Harlan, and Mayor Stephens (Excused at 6:00 p.m.).

Present Via Zoom Webinar: Council Member Marr.

Absent: None.

PUBLIC COMMENTS – MATTERS ONLY LISTED ON THE AGENDA
Ralph Taboada spoke on measuring techniques, the process for updating the capital improvement budget, and council priorities.

Speaker, Resilience Orange County, spoke on collecting 90 signatures from residents on Center Street requesting improvements on Plumer Street.

Jenn Tanaka, spoke on funding for park upgrades.

SPECIAL STUDY SESSION ITEM:

1. FISCAL YEAR 2024-25 PROPOSED CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET AND FIVE-YEAR (2024-25 TO 2028-29) CIP STUDY SESSION Presentation by Mr. Sethuraman, Public Works Director.

ACTION:

City Council provided direction during the Study Session on the Fiscal Year (FY) 2024-25 Proposed Capital Improvement Program (CIP) Budget and the Five-Year (FY 2024-25 to FY 2028-29) CIP.

ADJOURNMENT– Mayor Pro Tem Harlan adjourned the meeting at 6:58 p.m. 110
Minutes – Special Study Session April 23, 2024 Page 2 of 2 Minutes adopted on this 21st day of May, 2024.
___________________________
John Stephens, Mayor
ATTEST:
___________________________
Brenda Green, City Clerk
111

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-197 Meeting Date: 5/21/2024
TITLE:

PROFESSIONAL SERVICES AGREEMENTS FOR ON-CALL STAFF SUPPORT AND PROGRAM

MANAGEMENT SERVICES FOR VARIOUS PARKS PROJECTS
DEPARTMENT: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: SEUNG YANG, P.E., CITY ENGINEER (714) 754-5335 RECOMMENDATION:

Staff recommends the City Council:

1. Approve and authorize the City Manager and the City Clerk to execute a five-year Professional Services Agreement (PSA) with each consulting firm listed below from May 21, 2024 - May 20, 2029, in substantially the form as attached and in such final form as approved by the City Attorney for on-call staff support and program management services for various parks projects:
· Interwest Consulting Group (Interwest)
· Ladayu Consulting Group (Ladayu)

2. Authorize the City Manager and the City Clerk to execute future amendments with the above- listed firms including any potential increases in compensation as long as the amendments are within the approved allocated amount of $650,000.

BACKGROUND:

The Public Works Department is committed to serving the public by providing high-quality services and continually improving the City’s infrastructure. In doing so, staff occasionally will require assistance from professional consultants in areas such as engineering / architectural design, design management, professional project and program management, construction management services, inspection, and general staff support.

Through its state elected representatives, the City was earmarked over $10 million of state funds to administer various Public Works improvements, largely for public park projects. The Capital Improvement Program (CIP) for the current fiscal year includes significant grant funded projects, along with other pending and ongoing Public Works projects, which demonstrates the need for additional staff support services.

Implementation of these projects, while maintaining other day-to-day operations, requires the

Page 1 of 3 ends

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File #: 24-197 Meeting Date: 5/21/2024
Implementation of these projects, while maintaining other day-to-day operations, requires the assistance of professional consultants to complete these projects in a timely manner and meet grant- funded project deadlines.

Therefore, Public Works along with Finance staff, advertised and released a Request for Proposals (RFP) to select qualified consultants to provide on-call Public Works/Engineering staff support and program management services for the design and construction of various parks and other Public Works projects.

ANALYSIS:

On February 5, 2024, the City issued a Request for Proposals (RFP) for on-call or “as-needed” Public Works/Engineering staff support and program management services during design and construction of various parks projects. Three (3) proposals were received to provide the intended services. Proposals were reviewed for compliance with the City’s RFP, and consultants were evaluated based on the method of approach, qualifications, and experience, staffing and cost proposal.

Upon a thorough review of all the submitted proposals, staff has determined that Interwest and Ladayu be awarded a Professional Services Agreement (PSA) based on their qualifications and experience.

The consultant firms’proposals were comprehensive and met all the requirements of the RFP. Their proposals and fee schedules are included in the PSAs in Attachments 1 and 2, respectively. Both PSAs will be for a five-year period, and compensation shall be paid in accordance with the rate set forth in the consultant’s cost proposal, as noted in the PSAs.

ALTERNATIVES:

The alternative to this Council action would be to reject all proposals and re-advertise the RFP.

However, this may not result in better quality proposals for the requested services and would also delay projects. Staff recommends that Interwest and Ladayu be awarded based on the quality of their submitted proposals.

FISCAL REVIEW:

There is sufficient funding for the proposed PSAs, and the budget will be appropriated in various funds, including the Capital Improvements Fund (401) and State Grants Fund (231), consistent with the Capital Improvement Projects. The cost for consulting services will be assigned to the respective project budgets.

LEGAL REVIEW:

The City Attorney’sOffice has reviewed this staff report, prepared the PSAs and approves them both as to form.

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CITY COUNCIL GOALS AND PRIORITIES:

This agreement works toward achieving the following City Council goals:
· Strengthen the public’s safety and improve the quality of life. · Maintain and Enhance the City’s Facilities, Equipment and Technology. · Advance environmental sustainability and climate resiliency.

CONCLUSION:

Staff recommends the City Council:

1. Approve and authorize the City Manager and the City Clerk to execute a five-year Professional Services Agreement (PSA) with each consulting firm listed below from May 21, 2024 - May 20, 2029, in substantially the form as attached and in such final form as approved by the City Attorney for on call staff support and program management services for various parks projects:
· Interwest Consulting Group (Interwest)
· Ladayu Consulting Group (Ladayu)

2. Authorize the City Manager and the City Clerk to execute future amendments with the above listed firms including any potential increases in compensation as long as the amendments are within the approved allocated amount of $650,000.

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114

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-197 Meeting Date: 5/21/2024
TITLE:

PROFESSIONAL SERVICES AGREEMENTS FOR ON-CALL STAFF SUPPORT AND PROGRAM

Staff recommends the City Council:

1. Approve and authorize the City Manager and the City Clerk to execute a five-year Professional Services Agreement (PSA) with each consulting firm listed below from May 21, 2024 - May 20, 2029, in substantially the form as attached and in such final form as approved by the City Attorney for on-call staff support and program management services for various parks projects:
· Interwest Consulting Group (Interwest)
· Ladayu Consulting Group (Ladayu)

2. Authorize the City Manager and the City Clerk to execute future amendments with the above- listed firms including any potential increases in compensation as long as the amendments are within the approved allocated amount of $650,000.

BACKGROUND:

Implementation of these projects, while maintaining other day-to-day operations, requires the

Page 1 of 3 ends

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File #: 24-197 Meeting Date: 5/21/2024
Implementation of these projects, while maintaining other day-to-day operations, requires the assistance of professional consultants to complete these projects in a timely manner and meet grant- funded project deadlines.

ANALYSIS:

Upon a thorough review of all the submitted proposals, staff has determined that Interwest and Ladayu be awarded a Professional Services Agreement (PSA) based on their qualifications and experience.

ALTERNATIVES:

The alternative to this Council action would be to reject all proposals and re-advertise the RFP.

FISCAL REVIEW:

LEGAL REVIEW:

The City Attorney’sOffice has reviewed this staff report, prepared the PSAs and approves them both as to form.

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CITY COUNCIL GOALS AND PRIORITIES:

CONCLUSION:

Staff recommends the City Council:

1. Approve and authorize the City Manager and the City Clerk to execute a five-year Professional Services Agreement (PSA) with each consulting firm listed below from May 21, 2024 - May 20, 2029, in substantially the form as attached and in such final form as approved by the City Attorney for on call staff support and program management services for various parks projects:
· Interwest Consulting Group (Interwest)
· Ladayu Consulting Group (Ladayu)

Page 3 of 3 ends

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1 Rev. 2-2024 Interwest Consulting Group, Inc.

CITY OF COSTA MESA

PROFESSIONAL SERVICES AGREEMENT
WITH
INTERWEST CONSULTING GROUP, INC.

This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 21st day of May, 2024 (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”), and INTERWEST CONSULTING GROUP , INC., a Colorado corporation (“Consultant”).

RECITALS
A. City proposes to utilize the services of Consultant as an independent contractor to provide on-call engineering staff support and program management services for various parks project, as more fully described herein; and
B. Consultant represents that it has that degree of specialized expertise contemplated within California Government Code section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and
C. City and Consultant desire to contract for the specific services described in Exhibit “A” and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. No official or employee of City has a financial interest, within the provisions of sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

1.0. SERVICES PROVIDED BY CONSULTANT

1.1. Scope of Services. Consultant shall provide the profess ional services described in City’s Request for Proposals, attached hereto as Exhibit “A,” and Consultant’s Proposal, attached hereto as Exhibit “B,” both incorporated herein.

1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and ci rcumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement.

1.3. Performance to Satisfaction of City . Consultant agrees to perform all the work to the complete satisfaction of the City. Evaluations of the work will be done by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the ATTACHMENT 1
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matters of concern;

(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or

1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State and local laws a nd ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement.

1.5. Non-Discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military or veteran status, except as permitted pursuant to s ection 12940 of the Government Code.

1.6. Non-Exclusive Agreement . Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant’s sole cost and expense.

1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosur e is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant’s covenant under this Section shall survive the termination of this Agreement.

2.0. COMPENSATION AND BILLING

2.1. Compensation. Consultant shall be paid in accordance with the rate set forth in Consultant’s Cost Proposal set forth in Exhibit “C,” attached hereto and made a part of this Agreement.

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2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant’s Proposal unless the City Manager or designee , prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.

2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed , the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of t he authorized change order, where applicable, on all invoices.

2.4. Records and Audits. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after termination of this Agreement.

3.0. TIME OF PERFORMANCE

3.1. Commencement and Completion of Work. Unless otherwise agreed to in writing by the parties, t he professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.

3.2. Excusable Delays . Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, pandemics (excluding COVID-19), material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party (each, a “Force Majeure Event”). If a party experiences a Force Majeure Event, the party shall, within five (5) days of the occurrence of the Force Majeure Event, give written notice to the other party stating the nature of the Force Majeure Event, its anticipated duration and any action being taken to avoid or minimize its effect. Any suspension of performance shall be of no greater scope and of no longer duration than is reasonably required and the party experiencing the Force Majeure Event shall use best efforts without being obligated to incur any material expenditure to remedy its inability to perform; provided, however, if the suspension of performance continues for sixty (60) days after the date of the occurrence and such failure to perform would constitute a material breach of this Agreement in the absence of such Force Majeure Event, the parties shall meet and discuss in good faith any amendments to this Agreement to permit the other party to exercise its rights under this Agreement. If the parties are not able to agree on such amendments within thirty (30) days and if suspension of performa nce continues, such other party may terminate this Agreement immediately by written notice to the party experiencing the Force Majeure Event, in which case neither party shall have any liability to the other except for those rights and liabilities that accrued prior to the date of termination.

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4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Da te and continue for a period of five years, ending on May 6, 2029, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties.

4.2. Notice of Termination . The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant.

The termination of this Agreement shall be deemed effective upon receipt of the notice o f termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City.

4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City’s written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant.

4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the C ity within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City’s sole risk and without liability or legal expense to Consultant.

5.0. INSURANCE

5.1. Minimum Scope and Limits of Insurance . Consultant shall obtain , maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated “A,” Class X, or better in the most recent A.M. Best’s Rating Guide, and approved by City:

(a) Commercial general liability, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) general aggregate.

(b) Business a utomobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00) combined single limit per accident for bodily injury and property damage.

Consultant agrees to waive, and to obtain endorsements from its workers’ 121
5 Rev. 2-2024 Interwest Consulting Group, Inc.
compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City , its officers, agents, employees, and volunteers arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.
(d) Professional errors and omissions (“E&O”) liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If the policy is written as a “claims made” policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder.

5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:
(a) Additional insureds: “The City of Costa Mesa and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant.”
(b) Notice: “Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City.”
(c) Other insurance: “ The Consultant’s insurance coverage shall be primary insurance as respects the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the ins urance provided by this policy.”
(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Costa Mesa, its officers, officials, agents, employees, and volunteers.
(e) The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention. 122
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5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement.

5.5. Non-Limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.

6.0. GENERAL PROVISIONS

6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.

6.2. Representatives. The C ity Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.

Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.

6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement.

Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.

6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: (a) at the time of delivery if such communication is sent by personal delivery, and (b) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.

IF TO CONSULTANT: IF TO CITY:

Interwest Consulting Group, Inc.
1 Jenner, Suite 160
Irvine, CA 92618
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: (626) 224-2055 Tel: (714) 754-5633
Attn: Paul Meschino Attn: Seung Yang

Courtesy copy to:

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City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attn: Finance Dept. | Purchasing

6.5. Drug-Free Workplace Policy. Consultant shall provide a drug -free workplace by complying with all pro visions set forth in City’s Council Policy 100 -5, attached hereto as Exhibit “B” and incorporated herein. Consultant’s failure to conform to the requirements set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall be cause for immediate termination of this Agreement by City.

6.6. Attorneys’ Fees . If litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

6.7. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties he reto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California.

6.8. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant ’s interest in this Agreement without City’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City ’s consent, no subletting or assignment shall r elease Consultant of Consultant’ s obligation to perform all other obl igations to be performed by Consultant hereunder for the term of this Agreement.

6.9. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Consultant’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors, in the performance of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, o fficers, agents and employees based upon negligence, recklessness, or willful misconduct in the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or aut horized subcontractors are specifically named or otherwise asserted to be liable.

Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. In no event shall the cost to defend charged to Consultant exceed 124
8 Rev. 2-2024 Interwest Consulting Group, Inc.

Consultant’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and con fer with other parties regarding unpaid defense costs. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.

6.10. Independent Contractor . Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.

Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business li censes, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessme nts, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or inde mnification arising under this paragraph.

6.11 Conflicts with Independent Contractor. Contractor/consultant’s duties and services under this Agreement shall not include preparing or assisting the public entity with any portion of the public entity’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the public entity. The public entity entering into this Agreement shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor/consultant’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor/consultant shall cooperate with the public entity to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this Agreement.

6.12. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consul tant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled t o, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, 125
9 Rev. 2-2024 Interwest Consulting Group, Inc.

including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

6.13. Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.

6.14. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other proj ects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and e xpenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, r eports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City.

6.15. Public Records Act Disclosure . Consultant has been advised and is aware that this Agreement and all reports, documents, information and data , including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records A ct (California Government Code s ection 6250 et seq.).

Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.

6.16. Conflict of Interest . Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code s ections 81000, et seq.) and Government Code s ection 1090.

During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.

6.17. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct 126
10 Rev. 2-2024 Interwest Consulting Group, Inc.

the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.

6.18. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.

6.19. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail . If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.

6.20. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

6.21. Binding Effect. This Agreement binds and benefits the parties and their respective permitted successors and assigns.

6.22. No Third Party Beneficiary Rights . This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.

6.23. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

6.24. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other consultants for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

6.25. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.

6.26. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any prov ision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be de emed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

6.27. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not 127
11 Rev. 2-2024 Interwest Consulting Group, Inc.

affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

6.28. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

6.29. Corporate Authority . The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.

6.30. Executive Order N -6-22 Russia Sanctions . On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the “EO”) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new cont racts with, individuals or entities that are determined to be a target of Economic Sanctions . This Executive Order extends to recipients of any State Grants (Grantee). Grantees include those who have contracted or will contract to receive State Grant funds. Accordingly, should the State determine that a Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide the Grantee advance written notice of such termination, allowing the Grantee at least 30 cal endar days to provide a written response. Termination of any contract found to be in violation of this Executive Order shall be at the sole discretion of the State.

[Signatures appear on following page.]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

CONSULTANT

__________________________________ Date: __________________________ Signature

__________________________________
[Name and Title]

__________________________________ Date: __________________________ Signature

__________________________________
[Name and Title]

CITY OF COSTA MESA

__________________________________ Date: __________________________ Lori Ann Farrell Harrison
City Manager

ATTEST:

__________________________________
Brenda Green
City Clerk

APPROVED AS TO FORM:

__________________________________ Date: __________________________ Kimberly Hall Barlow
City Attorney

APPROVED AS TO INSURANCE:

__________________________________ Date: __________________________ Ruth Wang
Risk Management

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13 Rev. 2-2024 Interwest Consulting Group, Inc.

APPROVED AS TO CONTENT:

__________________________________ Date: __________________________ Seung Yang
Project Manager

DEPARTMENTAL APPROVAL:

__________________________________ Date: __________________________ Raja Sethuraman
Public Works Director

APPROVED AS TO PURCHASING:

__________________________________ Date: __________________________ Carol Molina
Finance Director

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EXHIBIT A

REQUEST FOR PROPOSALS
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EXHIBIT B

CONSULTANT’S PROPOSAL

171
www.interwestgrp.com
www.interwestgrp.com

CITY OF

COSTA MESA

On-Call Engineering Staff Support & Program
Management Services for Various Park Projects
RFP No. 24-09
MAIN PROPOSAL CONTACT:

Shelby Sieracki
Account Manager
626.224.2055
[email protected]
February 26, 2024
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THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES.

TABLE OF CONTENTS

1. Cover Letter .................................................................... 3

2. Background and Project Summary Section .................... 5

3. Project Approach & Methodology .................................. 5

4. Qualifications, Organization & Key Staff Experience .....7

5. Financial Capacity ........................................................... 9

6. Key Personnel .................................................................. 10

7. Cost Proposal .................................................................. 13

8. Disclosure ........................................................................ 13

9. Professional Services Agreement ................................... 13

10. Appendix A: Scope of Services

11. Appendix B: Resumes

12. Appendix C: Financials

13. Appendix D. Required City Forms
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3 1 Jenner, Suite 160
Irvine, CA 92618
P (714) 899-9039
I | Cover Letter
February 26, 2024

Ramin Nikoui
City of Costa Mesa, Finance Department
77 Fair Drive, 1st Floor
Costa Mesa, CA 92626
RE: RFP for On-Call Engineering Staff Support & Program Management Services for Various Park Projects - RFP No. 24-09
Dear Selection Committee,
Interwest Consulting Group (Interwest) is pleased to present our qualifications in response to the City of Costa Mesa’s (City) Request for Proposal (RFP) to perform On-Call Engineering Staff Support and Program Management Services For Various Park Projects RFP No. 24-09.

We are uniquely qualified to perform the requested services as evidenced by our proven track record and testimony of our past and current clients. We pride ourselves in building long, sustaining relationships for the municipalities with which we work providing solutions that will strengthen your community.

Interwest brings nearly two decades of expert-level Engineering Staff Support and Program Management Services to partner with the City. Through this partnership, the City will benefit from our team’s extensive construction industry knowledge as well as:
• Dedicated Local Partner : We have appreciated the opportunity to serve the City of Costa Mesa since 2012 having provided On-Call Building Plan Review and Inspection, Traffic Engineering support, Right-of-Way support services on the Adams Avenue project through our Real Estate division and Public Works support. Most recently, our team has provided Construction Management and Inspection services for the Adams Avenue and Pinecreek Drive Intersection Project. • Best Practices : Our team is excited to share our best practices during the process of delivering this high-profile and eagerly awaited community project. With a commitment to delivering Engineering Staff Support and Program Management Services in a manner consistent with the City’s adopted Customer Care Standards, Interwest’s team will successfully manage the project’s quality, cost, and schedule.
• Industry Experts: Our Engineering Staff Support and Program Management Services experts are critical thinkers and solution-oriented leaders who know how to navigate through the scheduled tasks while mitigating risk on a day-to-day basis. As evidenced by our proven track record and testimony of past and current clients, our expert team knows that details matter when managing projects such as the Fairview Park Mesa Restoration & Cultural Resources Preservations and West Bluff Stabilization & Restoration, Shalimar Park Improvements, and Ketchum-Libolt Park Expansion.

Our goal is to provide experts in the industry who can perform services in a seamless manner by customizing our services to correspond with our clients’ expectations and needs. We strive to work collaboratively with the Department of Public Works and other City personnel, applicants, and designers to resolve issues as efficiently as possible to expedite processes with our focus being the successful delivery of services. We remain committed and flexible to provide the City with exemplary services that meet its individual needs.
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To ensure our success with supporting services to the City, we propose Steve Kooyman, PE, as Program Manager for this engagement. Steve has extensive construction management experience with municipal Public Works and CIP projects. Over his 30-year career, he has worked as the Public Works Director of Rancho Santa Margarita; City Engineer for Brea; Assistant Public Works Director for the City of San Juan Capistrano; and Deputy Director with the County of El Dorado. He has in- depth knowledge of construction contract requirements for public works projects, including the APWA standard plans and specifications within the “Greenbook” and Caltrans requirements.

As Resident Engineer, Tyrone Chesanek, PE, will lead our team of qualified engineering staff support to provide these services to the City. Tyrone will be responsible for all matters related to our personnel and operations and provide design review, quality assurance, inspection, contract administration, materials testing, and compliance with the Local Assistance Procedures Manual (LAPM) and state and federal requirements as required, under the overall supervision of the City’s Project Manager.

Shelby Sieracki will continue to act as the Account Manager for the City. Shelby will be responsible for ensuring increasing levels of client satisfaction throughout the life of the contract by performing periodic Client Health Checks, a service uniquely provided by Interwest.

Proposal Main Contact
Shelby Sieracki
Account Manager
[email protected]
626.224.2055
Program Manager
Steve Kooyman, PE
Project Manager
[email protected]
530.318.1066
Project Office: 1 Jenner, Suite 160, Irvine, CA 92618
Interwest will provide services from our project office in Irvine, CA, which is also the closest office in proximity to the City of Costa Mesa. Additionally, Interwest will partner with our subconsultant teams, Ninyo & Moore, to provide material testing services and Avant Garde, Inc. (DBE Certified Firm), to provide labor compliance and various disciplines as needed.

We appreciate the opportunity to present our qualifications to provide these services to the City of Costa Mesa and its community and we are confident that Interwest is the right team to partner with the City once again to ensure the successful delivery of Engineering Staff Support and Program Management Services in your community.

As President of Interwest Consulting Group, I am authorized to sign any agreements that may result from this proposal and will provide contract support to the proposed Interwest team. Should you have any questions, please contact me at 619.372.9962 or [email protected].

Respectfully Submitted,
Paul Meschino, President
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City of Costa Mesa | On-Call Engineering Staff Support & Program Management Services for Various Park Projects 2 / Background and Project Summary Section
Background and Project Summary
Interwest understands the City of Costa Mesa is seeking a qualified firm for On-Call Engineering Staff Support and Program Management Services for Various Park Projects. It is our understanding that these services generally include construction management, inspection, contract administration, soils, and materials testing, and other services as outlined in the attached scope of work. The Fairview Park – Mesa Restoration & Cultural Resources Preservations and West Bluff Stabilization & Restoration, Shalimar Park Improvements, and Ketchum-Libolt Park Expansion are grant-funded and we understand the time requirements and urgency to complete these projects.

We propose a California-licensed Professional Engineer to serve as the construction Resident Engineer.

Tyrone Chesanek, PE , will lead our team of qualified engineers and inspectors to provide these services to the City. Tyrone will be responsible for all matters related to our personnel and operations, and provide plan reviews, inspection, quality assurance materials testing, and contract administration under the overall supervision of the City’s Project Manager. Additionally, we will partner with our subconsultant Ninyo and Moore to provide a certified laboratory for soil and material testing services, Avant Garde, Inc. to provide labor compliance, and other disciplines, as needed, ensuring all services and requirements are met.

Services will be provided to support and supplement your existing staff. All staff will maintain a high level of customer service to the community, supporting efficiency within the department. Interwest Consulting Group has over 20 years of experience providing the construction management and inspection services requested in the RFP . Our team is comprised of highly experienced, customer- service-oriented professionals who have successfully served our client jurisdictions.

Key Objectives
There are several important areas requiring special attention for construction management and inspection to ensure project success.
• Standardization & Maintenance of Project Documentation : To effectively combat claims, it is important that the resident engineer and inspector follow a uniform standard to ensure that potentially volatile issues are dealt with in a timely and accurate manner. Interwest has instituted such a system and has a proven track record of helping its clients avoid costly claims. • Monitoring Quality of Field Personnel: Our construction supervisors routinely check the files and performance of our construction inspectors. Regular training meetings are conducted to discuss changes in rules and regulations. Stormwater compliance rules and the requirements of the general construction permitted on City projects are of critical importance. • Public Relations: Public works projects that impact residents and businesses present unique, non- technical challenges that must be addressed throughout the life of a project. Interwest will work closely with these stakeholders to make them aware of the project, its status, and any changes. Our assigned staff possess the non-technical skill set needed to navigate the public relations arena. 3 / Project Approach and Methodology

1. Project Familiarity
Interwest is ready to provide our exceptional services to the City and its community. Pursuant to the RFP , we understand that the park projects consist of various improvements to each of the four parks. 176
6 THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES.

City of Costa Mesa | On-Call Engineering Staff Support & Program Management Services for Various Park Projects • Fairview Park - The Mesa Restoration & Cultural Resource Preservation Project objective is to remove unsuitable fill over the site, restore the native habitat, and to protect the vernal pools. • Fairview Park - The West Bluff stabilization and Restoration Project objective is to address the erosion, stabilize, and restore the park’s west bluff.
• Shalimar Park Improvements - The project objective is to expand the park, creating additional park space through the acquisition of adjacent properties and/or expanding into the City’s existing right-of-way.
• Ketchum-Libolt Park Expansion - The project objective is to expand the park to an underutilized parkway adjacent to the park to provide additional amenities for the community.

Our team has the following qualifications that make us the best choice in providing these services to the City:
• Diverse park and landscape engineering and construction management experience working on grant-funded projects. Direct extensive experience and a successful track record of completing grant-funded construction projects.
• Knowledgeable with grant procedures and requirements. • Capability to provide complete technical and administrative services to ensure successful project completion on time and under budget. Providing coordination oversight for all activities taken by outside entities in connection with the project including utility companies and adjacent properties.

2. Detailed Description of Efforts
We will provide services as described in the RFP in Appendix A, “Scope of Services to be Provided.”

3. Detailed Project Schedule
Interwest will provide a detailed project schedule based on each project once scope and estimated costs are established.

4. Potential Issues and Response / 5. Innovative/Creative Approaches

POTENTIAL ISSUE RECOMMENDED RESPONSE
Fairview park is an
archaeological site listed
in the National Register of
Historic Places. Restoration
and preservation of the site
will need to adhere to the
requirements for its listing.
• Engage with experts in archaeology and historic preservation to develop a comprehensive conservation plan that respects the site’s historical significance and integrates best practices for preservation. Conduct thorough research and documentation to understand the site’s history, cultural significance, and any existing conditions that may impact restoration efforts. Implement protective measures to prevent further degradation or damage to the site while restoration work is underway, such as installing barriers or signage to restrict access to sensitive areas. • Involve the local community and stakeholders in the restoration process to garner support and ensure the project reflects the values and priorities of those invested in Fairview Park’s preservation. • Secure necessary funding and resources to execute the restoration plan effectively, whether through public grants, private donations, or partnerships with organizations dedicated to historic preservation.
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City of Costa Mesa | On-Call Engineering Staff Support & Program Management Services for Various Park Projects

POTENTIAL ISSUE RECOMMENDED RESPONSE
Acquisition of private
property for the expansion
of Shalimar Park is time
consuming and costly.

To expedite the expansion of Shalimar Park while mitigating costs associated with acquiring private property, several strategies can be implemented:
• Establish transparent communication channels with property owners to negotiate fair purchase prices and streamline acquisition processes.
• Utilize eminent domain laws judiciously, ensuring equitable compensation while expediting the acquisition of critical parcels. • Collaborate with local government agencies, non-profit organizations, and community stakeholders to leverage funding opportunities, such as grants or bonds, to offset acquisition costs. • Explore creative alternatives like land swaps or partnerships with adjacent landowners to achieve the desired expansion while minimizing financial burdens.
• Prioritize strategic planning and zoning initiatives to identify alternative sites for park expansion that may be more readily available and cost-effective.
4 / Qualifications & Experience of the Firm
Relevant Project Experience
Interwest has provided construction management and inspection services for the past 21 years and our proposed project staff has many years of combined relevant municipal experience. We have cultivated a reputation for cost-effective services provided by highly qualified and customer-focused professional consultants. Below is a representative list of Southern California municipal clients to whom Interwest staff currently provides comparable services. Additional client listings are available upon request.

CLIENT AGENCY YEAR STARTED/

COMPLETED

SERVICES PROVIDED
City of Brea 2019-Present Project Management, Construction Management, and Inspection
City of Costa Mesa 2007-Present Interim Public Works Director, Civil Engineering, Traffic Engineering, Construction Management and Inspection
City of Culver City 2014-2020 Construction Management, Public Works Inspection City of Eastvale 2010-Present City Engineering, Construction Management, Public Works Inspection Engineering Plan Check,
Engineering Support, NPDES, Transportation Planning,
Traffic Engineering, Drainage Engineering, Grant
Administration
City of Fountain Valley 2017-Present Engineering Plan Review, Construction Management, Construction Inspection
City of Gardena 2018-2020 Construction Management, Construction Inspection 178
8 THOUGHTFUL SOLUTIONS. THRIVING COMMUNITIES.

City of Costa Mesa | On-Call Engineering Staff Support & Program Management Services for Various Park Projects

CLIENT AGENCY YEAR STARTED/

COMPLETED

SERVICES PROVIDED
City of Grand Terrace 2015-Present Interim Public Works Director Services, Engineering Plan Check, Construction Inspection, Project Management,
Real Estate, Building Plan Check
City of Santa Ana 2019-2022 Construction Management, Public Works Inspection City of Maywood 2016-2020 Construction Management and Inspection Traffic Engineering, Interim Public Works Director Services, Civil Engineering
City of Moreno Valley 2017-Present Engineering Plan Check, Construction Management, Construction Inspection
City of Newport Beach 2013-2022 Construction Management, Public Works Inspection City of Palm Springs 2015-2020 Construction Management, Public Works Inspection City of Rancho Mirage 2015-2019 Interim Public Works Director Services, Project Management, Construction Management and
Construction Inspection
Qualifications of Key Staff
We pride our success in effective communication. We are committed to a “no surprises” approach built upon presenting ideas, asking questions, and identifying and addressing issues early on in the process. We propose options, seek direction, and implement solutions in close coordination with the City. We welcome this opportunity to help maintain the quality of life and unique character that makes the City a desirable community, and believe our planning team will provide superior resources for meeting the City’s immediate needs and long-term goal.

Led by Resident Engineer Tyrone Chesanek, PE, the Interwest Team stands ready and capable to provide the City of Costa Mesa with the expert-level service our clients have come to expect from Interwest and our team members. We possess extensive professional capabilities which allow us to innovate, create, and implement effective solutions with the City of Costa Mesa, all while keeping the community’s interests in mind.

References
Santa ana Zoo Variou S Project S/MeMory Lane Park/Pacific eLectric Park/ed caruther S | Santa ana, ca Park
Reference: Mike Ortiz, Principal Engineer | 714.615.0892 | mortiz@ santa-ana.org
Mr. Chesanek and his team undertook the pivotal roles of construction management and inspection for these transformative projects, overseeing the comprehensive reconstruction of the parks.

Their endeavors encompassed the installation of shade structures, Company name & address /
LoCaL offiCe address
Interwest Consulting Group
1 Jenner, Suite 160
Irvine, CA 92618
Corporate entity
Colorado Corporation, legally
certified to conduct business
in the State of California
date of inCorporation
April 29, 2002
fein
73-1630909
date LoCaL offiCe opened
September 27, 2010
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City of Costa Mesa | On-Call Engineering Staff Support & Program Management Services for Various Park Projects incorporation of exercise amenities, development of play areas tailored for both toddlers and young adults, establishment of flourishing community gardens and orchards, construction of contemporary restroom facilities, and implementation of effective drainage systems.

MiLe Square Park uniVerSaL aSSeSSabLe PLayground | fountain VaLLey, ca Reference: Temo Galvez, Deputy PWA Director |949.294.4508 | [email protected] Mr. Chesanek and his team provided their expertise in construction management and inspection for this expansive endeavor, which entailed both the revitalization and expansion of the park. The project was comprised of the installation of shade structures, integration of exercise amenities, and creation of inclusive play areas catering to both tots and young adults, ensuring accessibility for all. aroViSta Park Moderni Zation Project /LagoS de Moreno Park | brea, ca Contact: Michael Ho, PE, Public Works Director/City Engineer | 714.990.7698 | [email protected] Mr. Kooyman and his dedicated team spearheaded the meticulous management and rigorous inspection of these endeavors, orchestrating the complete rejuvenation of the parks. The scope of their projects encompassed the installation of shade structures, integration of exercise amenities, creation of play areas tailored for both tots and young adults, establishment of vibrant community gardens and orchards, construction of modern restroom facilities, and implementation of efficient drainage solutions. 5 / Financial Capacity
Audited financials from the last three years are provided in Appendix C.

We understand that the City may request sufficient data to evaluate the firm’s financial capabilities.

Interwest Consulting Group also receives financial support through our parent company, SAFEbuilt, LLC. SAFEbuilt is backed by private equity—The Riverside Company—out of Cleveland, Ohio, giving us a robust annual budget. Since its founding in 1988, The Riverside Company has invested in more than 800 acquisitions. As of 2024, Riverside’s global investment portfolio includes more than 140 companies with 300+ employees. Riverside has 15 offices and makes investments across North America, Europe, and the Asia-Pacific region. The firm’s investors include some of the world’s leading pension funds, endowments, funds of funds, insurance companies, and banks.

With Riverside’s backing, our financial strength affirms our ability to deliver services consistently for the contract’s duration and beyond.
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City of Costa Mesa | On-Call Engineering Staff Support & Program Management Services for Various Park Projects 6 / Key Personnel
Qualifications of Key Staff
Summaries of qualifications and experience for the proposed key Interwest staff are provided below and detailed resumes for all key proposed staff are included in Appendix B.

1. reLeVant exPerience , SPecific quaLification S, and technica L exPerti Se of reSident engineer , inSPector and teaM exPerience
Tyrone Chesanek, PE

CONSTRUCTION MANAGER
Experienced Deputy Public Works Director managing Facility and Parks CIP , Facility Maintenance, Street and Utility CIP , Facilities Management, Stores, Fleet Services, Environmental Program, and Streetlights.

Assisted in planning, directing, supervising, and coordinating departmental operations; assigned work activities, projects and programs; monitored workflow; reviewed and evaluated work products, methods and procedures. Prepared and presented staff reports to City Council, Council Committees, boards, commissions, and numerous civic organizations representing the Department. Assisted with the preparation of operating and capital improvement budgets, including long-term maintenance management, Supervised and assisted subordinate supervisors in the operations and maintenance of City infrastructure, and established long-range plans and goals. Participated in recommending the appointment of personnel; provided staff training, and worked with employees to correct deficiencies, implemented discipline procedures, and recommended employee terminations.

Park Project Experience
• Mile Square Park Universal Playground Accessible| Fountain Valley, CA / Project/Construction Manager
• Memory Lane Park | Santa Ana, CA / Principal Engineer • Santa Ana Zoo Various Projects | Santa Ana, CA / Principal Engineer • Pacific Electric Park / Santa Ana, CA / Principal Engineer • Ed Caruthers Park / Santa Ana, CA / Principal Engineer Steve Kooyman, PE

PROGRAM MANAGER
Steve is a registered Civil Engineer with 30 years of experience and has spent a vast amount of his career serving numerous jurisdictions throughout Northern and Southern California regions. Steve provides Project and Construction Management and Inspection Services to our clients throughout Southern California. He has assisted several cities in delivering various Public Works Capital Improvement Program projects from Preliminary Planning/Environmental (PAED), Design (PS&E review), Bid and Award, and into Construction (Project Management/Construction Management) for watermain replacement, sewer replacement, storm drain replacement, street rehabilitation, ADA and sidewalk replacement, facilities improvements, parks and landscape, masterplan development, and has assisted the Cities with coordination and project delivery for Caltrans/City Cooperative Agreement projects. His background has provided him with the knowledge of city engineering policies and procedures, which is a proven asset when providing technical assistance to engineers, architects, contractors, city personnel, and the public.
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City of Costa Mesa | On-Call Engineering Staff Support & Program Management Services for Various Park Projects Park Project Experience
• Arovista Park Modernization Project | Brea, CA | Project Manager • Lagos De Moreno Park | Brea, CA | City Engineer and Project Manager • Jack Hammett Sports Complex Parking Lot Improvements | Costa Mesa, CA | Project Manager John Welsh

CONSTRUCTION INSPECTOR
John brings more than 20 years of experience in the areas of construction management, inspection, planning, schedule analysis, project management, contract administration and compliance, field engineering, and quality assurance for a variety of public works, and residential and transportation projects. John’s diverse background has given him insight into serving cities and government agencies on large, complex, high-value construction projects. His experience ranges from small city projects to multi-million dollar projects, including highways, street improvements, and airport taxiways. John is able to collaboratively work with all parties ensuring projects are well managed and brought to a successful completion.

Recent Project Experience
• Harbor Blvd. Median Island Installation | City of Anaheim, CA | Inspector • Broadway and Anaheim Blvd. Rehabilitation, PCC Sidewalks, Storm Drain, AC paving and re- striping | City of Anaheim, CA | Inspector
• Pinyon Hills (Phelan) Widening and Signal Improvements | Caltrans | Inspector Subconsultants
Due to the page restrictions, Interwest has only provided staff biographies and resumes of our key subconsultant team members. Additional resumes of our proposed subconsultant team can be provided following award of contract.

Ninyo & Moore
Randy Reichert

PROJECT MANAGER
As a Construction Inspector and Project Manager for Ninyo & Moore, Mr. Reichert provides in-depth knowledge in testing methods, inspection, and standards relating to concrete and hot mix asphalt (HMA) production and placement operations. He has extensive experience working on state and interstate highway transportation project.

Recent Project Experience
• Valley Boulevard, Resurfacing | Industry, CA | Project Manager for Construction Materials Testing • Pacific Coast Highway and Hawthorne Boulevard Intersection Improvements, | Torrance, CA | Project Manager for Construction Materials Testing
• City of West Hollywood Mid-City Pavement Repair | West Hollywood, CA | Project Manager for Construction Materials Testing
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City of Costa Mesa | On-Call Engineering Staff Support & Program Management Services for Various Park Projects Avant Garde
Lissette Montoya

PROGRAM DIRECTOR
Ms. Montoya is the Vice-President and CFO of AVANT -GARDE. She has more than 20 years of comprehensive expertise in project management and analysis, funding management, grant administration, public relations, and community outreach programs. She is experienced in issues impacting city governments and contract administration and has experience identifying federal and state fund allocation balances, programming funds, and administering long-and-short range programs consistent with the economic capabilities of the city. Ms. Montoya directs the Program Management team to ensure that projects are developed in accordance with policy and procedural requirements, assists in determining eligible projects for various funding sources, and manages development and capital improvement programs/projects from conception to completion. 2 - 3. teaM Manage Ment and diSciPLineS of Project teaM Our team proposes Tyrone Chesanek, PE as Resident Engineer for this opportunity. Tyrone has experience directly managing similar federally-funded projects administered through Caltrans. He has in-depth knowledge of the latest edition of the Local Assistance Procedures Manual and his time is appropriately committed to this project.

Our priority is to ensure the best possible experience working with our team—with minimum impact on the City of Costa Mesa community. During the project management and construction process, all disciplines work as a team on each project, lead by a supervisor who oversees all reviews, consults with Interwest staff and City staff as needed, as well as applicants. Our construction management and inspection procedures allow oversight and coordination with all management disciplines. The supervisors of the Interwest team—Steve Kooyman, PE and Tyrone Chesanek, PE—have worked together to effective lead construction teams on a multitude of municipal federally-funded contracts over the last five years.
4 - 8. oVeraLL organi Zation of teaM, Structure and budget Our services are provided in a cost-effective manner and can be adjusted to remain within City budget constraints. We will communicate regularly with the City and monitor and evaluate our areas of responsibility to make recommendations for cost savings where possible.

Our committed team members, including subconsultants, will provide exceptional service to the City of Costa Mesa . We have significant direct experience working as municipal employees and as contract staff members in jurisdictions throughout California. Individually, the professionals selected to serve the City excel in each of their backgrounds. As a team, they possess the professional capability to innovatively create and implement effective solutions to serve the interests of your community. The organizational chart provided below highlights our key personnel, company roles, areas of expertise, and the organization of our project team.
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City of Costa Mesa | On-Call Engineering Staff Support & Program Management Services for Various Park Projects Team Organization

CITY OF COSTA MESA

PROGRAM MANAGER
Steve Kooyman, PE

INTERWEST TEAM
Construction Manager - Tyrone Chesanek, PE
Assistant Construction Manager - Ryan Spradlin, CCM, CBC Assistant Construction Manager - Scott Harrison, CPRP
Construction Inspector - John Welch
Construction Inspector - Alison Luedtke, CESSWI, QSP

SUBCONSULTANT
AVANT-GARDE (Labor Compliance)
Program Director - Lissette Montoya
Program Manager - Khristynne Aramouni
Program Coordinator - Summer Mann
Senior Program Coordinator - Keith LeNoue

SUBCONSULTANT
Ninyo & Moore (Material Testing)
Program Director - Randy Reichert
Lead Technician - Vance Hunter

PRINCIPAL-IN-CHARGE
Paul Meschino
7 / Cost Proposal
Interwest has provided the Fee Schedule as a separate submittal, per instruction of the RFP . 8 / Disclosure
Interwest has provided a variety of Building & Safety and Public Works services to the City of Costa Mesa as a result of competitive and sole source RFPs and RFQs. We have no current or past business or personal relationships with any Costa Mesa elected official, appointed official, City employee, or their family members.
9 / Professional Service Agreement
The Interwest Contract and Legal team have carefully reviewed the contract terms presented in the Sample Consultant Agreement in the RFP . We respectfully request the option to discuss the following agreement term sections with the City during contract negotiations:

1.4. Warranty

1.7. Delegation and Assignment

6.9. Indemnification and Hold Harmless

6.11. Pers Eligibility Indemnification

6.13. Ownership of Documents
184
A
Appendix A:

Scope of Service S
to be provided
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City of Costa Mesa | On-Call Engineering Staff Support & Program Management Services for Various Park Projects Project Approach and Scope of Work
The Interwest Team (“Team”) will follow the Scope of Work/Tasks and approach for the project pursuant to the RFP as follows:
genera L SerViceS:

The T eam will provide continuous technical and administrative services throughout the project duration from pre-construction phase to post construction phase to ensure the project is completed within schedule and budget. Additionally, the T eam will provide coordination and oversight for all activities taken by outside entities in connection with the project (i.e., utility companies, OCTA, Orange County College, and Caltrans Local Assistance Program Manager) with continuous coordination with the City’ s Project Manager. Furthermore, the T eam will continue to comply with the Caltrans Local Assistance Procedures Manual (LAPM) on a regular basis and check on updates to the Manual.

TASK 0 –INITIAL-CONSTRUCTION PHASE

0.1) Constructability Review of Construction Documents
a. Our Team will complete a thorough Constructability, Quality Assurance/Quality Control (QA/QC), and Value Engineering review effort in coordination with the City and designer on the Plans and Specifications. Additionally, the Team will drive/walk the Project site, complete a photo record of existing conditions, and check measurements to assist the constructability review. We will create a report of findings that would include recommended alternative solutions with potential cost savings as well as time savings during construction.
b. Collectively, our Team will use the organization’s expertise to review all layers of the detailed plans, from curb, gutter, sidewalk repairs, ADA curb ramps, median improvements, signal improvements, and signing and striping and coordinate the Plans with the Specifications for consistency.

0.2) Utility Coordination
a. Our Team will assist the City with Utility Notices to all potentially affected utilities and specifically reach out to each potentially impacted utility to make sure they are part of the work plan and provide USA information in a prompt manner.
b. Our Team will also check the plans to ensure that all base utility map information (record or grid) provided by the utility companies are addressed on the plans.

0.3) Project Bid Documents
a. Our Team will thoroughly review all final bid documents for consistency between the general and supplemental provisions from the City and the technical specifications from the design consultant and provide final comments/edits as needed with recommended solutions to reduce potential cost and working day overruns.
b. Our Team will prepare a final baseline delivery schedule with milestone tasks, activity dates, durations, etc., for pre-construction, construction, and post-construction phases of the work in coordination with the Contractors’ baseline schedule.
c. Our Team will assist the City with the initial public outreach efforts.

0.4) Pre-Construction Stage
a. Our Team will coordinate with the City and relay any special concerns and specification requirements, required permits, utility coordination, and state and federal agency requirements, once the contract agreement, bonds, and insurance documents have been approved by the City and prior to the pre- construction conference. Additionally, we will assist the City in preparing the Final Utility Notices (Notice to Relocate or Adjust) to all effective Utility companies within the Project area. 186
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City of Costa Mesa | On-Call Engineering Staff Support & Program Management Services for Various Park Projects b. Our Team will coordinate with the City and discuss the date/time for the Pre-Construction Conference with the Contractor with an anticipated Notice to Proceed date. Upon mutually agreeing to the date and time of this conference, we will prepare the agenda for this meeting for City review and send out the Pre-Construction Conference Notice with agenda to the Contractor. The notice will contain all specification requirements that the Contractor is required to submit to the City prior to the conference date (i.e., baseline schedule, submittal matrix, initial 4-week look-ahead schedule). c. Our Team will set up the initial project control system in compliance with the LAPM and seek an initial pre-audit from Caltrans to ensure the filing and control system meets the requirements. d. Our Team will coordinate the review and comments on all submissions from the Contractor with the City and Engineer of Record prior to the pre-construction meeting. This includes the review of the initial submittal log, baseline schedule, stormwater control plan, and traffic control plan.

Additionally, we will discuss the long-lead time signal equipment bid item with the Contractor to ensure the submittal is timely, and the order has been placed. e. Our Team will coordinate and facilitate the Pre-Construction Conference, discuss all items on the agenda, relay any special items of concern (i.e., public notices, traffic control, noise, BMP’s, working times, permits, CPR (Labor Provisions) and EEO requirements, etc.). All minutes of the meeting will be captured and provided to the City for review prior to final posting. The final minutes of the conference will be posted or provided to the Contractor for concurrence. f. Our Team will also reach out to all affected utilities companies to invite them to the Pre-Construction Conference or initiate individual meetings to relay schedule, contractor information, scope of work, and coordination.
g. Our team will assist the City with the public notices to relay the project scope, schedule, and contractor information to the adjacent businesses, residences, and stakeholder agencies.

TASK 1 – CONSTRUCTION PHASE

1.1) Contract Administration/Management
a. Our Team will follow strict guidelines and recommendations including the public works contract and supplemental provisions from the City as well as federal requirements per the LAPM to ensure the project is completed according to the plans and specifications and the Federal requirements with sound and proven ethical contracting practices. Throughout the contract, our team will ensure that all construction complies with the contract documents, including the codes, city standards, Greenbook, and state and federal requirements. All potential delays to the contract schedule due to change orders or weather days will be tracked in accordance with the contract documents and relayed to the City.
b. The Interwest Construction Manager/Resident Engineer (CM/RE) will be the main point of contact with the City and perform the work as a representative of the City pursuant to all City requirements during the duration of the contract. All construction matters will be discussed between the Contractor and CM and any issues (potential claims, CCO’s, disputes) will be relayed and discussed with the City with recommended resolutions.
c. Our Team will utilize Procore or City preferred filing control system per LAPM throughout the performance of the contract for all document management, reporting, meetings, reports, RFIs, submittals, non-conformance reports, shop drawings, certified payroll, and insurance compliance.

Our Team could also use other cloud-based platforms such as Microsoft One Drive as directed by the City to capture, document, and share all contractual documents.

1.2) Reports and Communications
a. Our Team will update the City weekly on the progress of the projects and document all communications and reports. We will consistently gather pertinent information from the design consultant, the City, 187
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City of Costa Mesa | On-Call Engineering Staff Support & Program Management Services for Various Park Projects the contractor, and any other entity involved in this project to ensure all the facts are collected, documented, and reported as required by the City. Monthly progress reports will be generated that will capture the following:

1. Summary of the previous month’s main accomplishments and current construction activities.

2. Overall Contractor’s conformance to contract schedule and quality requirements.

3. Identification of key problems, action items, and issues, as well as recommendation, for solutions.

4. Summary of progress payments, change orders, disputes, submissions, RFIs, and Notices of Noncompliance.

5. Photographs of representative project activities.
b. Our Team will also coordinate meetings with the City, Consultant, and Contractor on a weekly basis to ensure the City remains updated.
c. Interwest will provide a web-based dashboard with key performance indicators (KPI) that will provide an updated picture of the project with the latest project information. Some of the KPIs that could be included are schedule deviation, budget deviation, percentage of RFIs answered, change order request resolutions, and others. This dashboard will be shared with City and contractor as a way to quickly show where we are in the project and assist with making quick and impactful decisions.

1.3) Photo Documentation
a. Our Team will not only review the contractors’ photos and videos of existing conditions and progress but will also create our internal library to document existing conditions and the progress of all trades on working days. All media will be documented on Procore or City preferred platform. The media will also be used to document non-conformance, safety, BMPs (Best Management Practices), and equipment.

1.4) Construction Progress Meetings
a. The CM/RE and Inspection Team will conduct weekly progress meetings with the City, Consultant, and Contractor to track progress and status of significant items that could put the project at risk.

The Team will create and distribute agendas, track attendance, collect meeting minutes, and share them within two business days. We will evaluate whether it is necessary to take a more proactive approach and assist in conducting meetings with specific trades or subconsultants to ensure the whole Team is aware of other project-site activities. This information will be included in the monthly progress reports as required by the City.

1.5) Shop Drawings and Submittal Review
a. The CM/RE will ensure that all required submissions and federal tracking forms per LAPM are received and evaluated prior to implementation. We will conduct a preliminary review of all submissions for accuracy and contract adherence. The CM/RE will also facilitate the distribution of submissions to the City or City Engineer and Consultant for review, acceptance, and/or approval. Submissions will be logged, tracked, and monitored with targeted response times and dates. Submissions that are not acceptable will be sent back to the contractor for correction. The submission log will show submission status, rejections, and approvals. If submissions are not reviewed or answered in a reasonable time frame, the CM will track and follow up with the right party for approval. The CM will work directly with the Consultant on all shop drawing submissions. The status of submissions and shop drawings will be documented in Procore or City-preferred platform.

1.6) Plans and Specifications Interpretation
a. Our Team will continually review the plans and specifications for constructability issues and conformance during construction. The Team will ensure in coordination with the City, Consultant, and other project delivery team members/agencies, and stakeholders that all work conforms to the Project construction documents, City Codes and Ordinances, APWA “Greenbook”, AWWA Standards, City Public Works 188
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City of Costa Mesa | On-Call Engineering Staff Support & Program Management Services for Various Park Projects Standards, state and federal requirements as applicable, ADA requirements, OSHA, Construction Safety Orders, and NPDES requirements, and all applicable CA Labor Code and Federal Labor Law requirements, throughout the duration of the Project. We will be an advisor and advocate, and provide professional services with the best interest of the City in mind. b. All RFIs will be reviewed and responded to in a timely manner, per the construction contract terms.

Any technical RFIs will be submitted to the City or the Consultant for response.

1.7) Progress Payments
a. The CM/RE and Inspection Team will complete a thorough analysis with field measurements of all quantities constructed or in progress with calculations. The CM/RE will also document any materials on site and analyze the schedule of values to determine work in place and make payment recommendations to the City. Additionally, Interwest will consider the latest schedule, certification of payment to subcontractors, and payroll reports to make recommendations to the City on progress payments to subcontractors. This documentation will be part of the Progress Payment and Change Order back-up and will be saved in Procore or another City preferred platform. If the contractor is not submitting all the necessary back up documentation accurately, the CM will return the payment applications for corrections before submitting the payment recommendation to the City. Any other reports associated with federal funding will be also included. b. The CM will check with the City on receipt of 20-day preliminary notices from various material suppliers and subcontractors to assure payment is being made and obtain an affidavit of payment from the Contractor as part of the Payment Application.

1.8) Contractor’s Claims and Contract Change Orders (CCO) a. Our Team will document and track any potential change orders, obtain justification, validate the need, conduct value engineering, and create internal estimates of quantities, costs, and duration to consult with the City with recommendations and assist the Project Manager with all negotiations. All Owner-initiated CCO’s will be reviewed with the City with recommendation/cost/schedule impacts from the CM and subsequently initiated by the City. All potential change orders will be documented and tracked to mitigate any risks associated with contract changes and resolved in a timely manner.

All Request of Change Orders will be included in a CCO log and provided to the City regularly.

The CM, with assistance from the Inspector, will review and check the approved baseline schedule from the Contractor on a regular basis and make the necessary adjustment to the schedule in coordination with the Inspector’s and Contractor’s dailies.

1.9) Schedule and Weekly Statement of Working Days (WSWD) a. The CM/RE will monitor the approved baseline schedule and project progress throughout the duration of the contract and review and compare the schedule to the 3-4 week look-ahead schedule from the Contractor. Any deviations from the approved baseline will be discussed with the Contractor to determine if the approved baseline schedule needs to be updated and submitted to reflect any changes.
b. The CM/RE will prepare the WSWD at the end of each work week to capture the progress to date from the Daily Report, schedule items, working days, non-working days (inclement weather days), and CCO days, delay days, time extensions, and updated date of completion, and provide to the City the following Monday.

1.10) Construction Inspection Services
a. Our highly experienced inspection staff will work with the selected contractor in all phases of quality control, including the preparatory, initial, and follow-up phases to ensure the construction is done according to the plans and specifications. The Interwest Inspector will review the 3-week look ahead to understand what activities will be completed in the near future. The inspector will study the specifications, drawings, LAPM, and any approved submissions for a clear understanding of the 189
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City of Costa Mesa | On-Call Engineering Staff Support & Program Management Services for Various Park Projects tasks and materials. The Inspector will also review any materials delivered to the site to ensure the approved are installed. Lastly, the Inspector will track the installation of any materials to ensure they meet the manufacturer’s recommendations and are in accordance with the LAPM. This approach will ensure that the City meets the project’s overall intent and complies with the federal requirements. b. The Interwest Inspector will also conduct a cursory review of any daily reports, payment applications, media, and any additional reports to ensure they accurately reflect the on-site conditions and activities.

1.11) Progress Payments
a. The Inspector will complete a thorough analysis with field measurements of all quantities constructed or in progress with calculations and coordinate the qualities constructed to date with the Contractor for concurrence prior to payment application request. Additionally, the Inspector will gather all material tickets (i.e., AC tonnage, PCC CY) from the hauling trucking company employee and confirm quantities as placed. All material logs and tickets will be filed in accordance with LAPM.

1.12) Contractor’s Claims and Change Orders
a. The Inspector will inform the CM/RE of any Potential Change Orders (PCO) that might arise during construction to discuss and evaluate the merits and if warranted, obtain a price from the Contractor and relay this to the City. If a reasonable price cannot be mutually reached with City concurrence, the work would be performed via Time and Materials and tracked. The Time and Materials PCO would not commence (unless it’s an emergency) until the Contractor has relayed its workforce to complete the extra work to the satisfaction of the Inspector with oversight from the CM and City. All PCOs will be documented and tracked to mitigate any risks associated with contract changes and resolved in a timely manner. All Request of Change Orders and PCOs will be included in a PCO/ RCO log and provided to the City regularly by the CM.

1.13) Daily Reports
a. The Inspector will complete a Daily Report for each day of work and for non-working days, which will capture the Contractor’s workforce (labor, equipment, material), work performed, issues, progress of bid items, and photo documentation. The Daily Reports will be provided to the CM for QA/ QC and concurrence and uploaded into Procore or the City’s preferred platform. Additionally, the Inspector will capture all events within a field daily logbook.

1.14) Material Testing and QAP
a. The CM/RE with Inspector will coordinate all required field material testing and laboratory testing work with the sub-consultant (Ninyo and Moore) in conformance with the City’s QAP as provided in Appendix D of the RFP .

1.15) Labor Compliance
a. The CM/RE in coordination with the Labor Compliance sub-consultant Avant Garde will complete all required federal and state labor compliance requirements and review of CPR. Additionally, the inspector and Labor Compliance Field Officer will conduct monthly field interviews with the Contractor’s workforce as well as sub-contractor workforce in accordance with the state and federal labor code and Davis-Bacon requirements.

1.16) Utility Coordination
a. The Inspector will coordinate with all utility companies affected by the project and ensure that the Contractor is also involved to schedule their work within its schedule. All utility issues or conflicts will be discussed with a recommended resolution with the Contractor and utility company, documented, and provided to the CM/RE and City for further evaluation. 190
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City of Costa Mesa | On-Call Engineering Staff Support & Program Management Services for Various Park Projects

1.17) Safety and Traffic Control
a. The Inspector will ensure that all safety requirements are followed by the Contractor and will attend the Contractor’s weekly safety meeting with updated training discussions. Additionally, the Inspector will monitor and assess the Contractor’s traffic control per the approved Traffic Control Plan (CA MUTCD) and discuss potential issues that require immediate attention by the Contractor prior to commencing the work.

1.18) Public Notices
a. The Inspector will coordinate and work with businesses and residents in the project area daily.

All scheduling items, any conflicts, or complaints will be discussed with the public and or other agencies in coordination with the Contractor to ensure the public concerns are properly addressed.

The Inspector will discuss the public issues with the CM/RE for further input/resolution and relayed to the City.

1.19) NPDES/BMP Compliance
a. The Inspector will complete a BMP checklist for each working day and monitor and relay deficiencies to the Contractor for NPDES conformance. Additionally, seven-day weather forecast reports from NOAA will be presented at each weekly meeting to discuss adjustments to the BMPs for inclement weather. The Inspector will also monitor the sweeping efforts by the Contractor as well as other dust control measures to minimize air quality impacts.

1.20) DBE Compliance
a. The CM/RE with Inspector will monitor and verify that the DBE prime or sub-contractor performs a Commercially Useful Function (CUF) throughout the duration of the Contract.

1.21) As-Built Set
a. The Inspector will mark up the Construction Set of plans regularly and confer with the contractor on changes to the plans.

1.22) Final Report
a. The Inspector with CM/RE will complete a Final Report in accordance with the LAPM that summarizes all issues and items during the construction duration and provide said report to the City for future potential federal/state audit.

TASK 2 – PROJECT CLOSEOUT

2.1) Final Punch-List and Final Acceptance
a. The CM/RE and Inspection team will schedule, coordinate, and conduct a final site walk-through with the City, Consultant, and Contractor to ensure all punch-list items for the entire project are identified and addressed before acceptance. If all punch-list items are considered complete, the CM/RE will provide documentation as required to recommend a Notice of Acceptance to the City Engineer.

2.2) Final Contract Processing – The CM/RE will complete the final Contract acceptance work in coordination with the City as follows:
a. Stop Notices - The CM/RE will consult with the City regarding the disposition of both Preliminary and Stop Notices. This will include complete follow-through until resolution between the Contractor and suppliers and/or subcontractors is achieved.
b. The CM/RE will ensure the warranty bond for the warranty period is received by the Contractor that guarantees 100% of the final contract price of the work completed for the one-year period after the Notice of Completion is filed and recorded.
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City of Costa Mesa | On-Call Engineering Staff Support & Program Management Services for Various Park Projects c. The CM/RE will ensure all material and equipment warranties have been obtained from the Contractor and review said warranties to ensure they comply with the manufacturer’s submittal, product, and are in accordance with the Contract Documents. d. The CM/RE and Inspector will work with the Contractor to ensure all redline changes to the Contract Plans are complete and accurate and have been incorporated into the field as-built set and will provide the redline as-builts to the Engineer of Record and assist with transferring the delta changes in CADD for final processing and delivery to the City Engineer for approval of the Record Drawings. e. The CM/RE will check with the Labor Compliance consultant to ensure all CPRs and required documents are complete and up to date as of the last day of work. f. The CM/RE will prepare and submit an acceptance statement to the Contractor to sign and date either accepting the work and final payment with no conditions or with exceptions. All exceptions will be brought to the attention of the City with a recommendation and response. g. The CM/RE will prepare a proposed Final Payment Estimate and submit it to the Contractor for acceptance prior to submitting the final pay application for acceptance by the City. h. The CM/RE will notify and document any potential claims against the City before issuing a recommendation for acceptance.
i. The CM/RE will complete a final archive assessment for all files and provide them to the City Engineer electronically on a thumb drive in accordance with the LAPM (Exhibit 17-O, 17-F , and other required forms/files).

TASK 3 – ONE-YEAR WARRANTY INSPECTION

3.1) Warranty Inspection
a. The CM/RE and Inspection Team will schedule, coordinate, and conduct a warranty site walk- through with the City 2-3 months prior to the one-year warranty period end date to ensure there are no issues with the project, unless issues are discovered prior to this time frame. If there are warranty issues that relate to the Contractor’s work, the CM/RE will prepare the notice of defective work with the itemized list for City review and concurrence. This notice will be submitted to the Contractor requesting a time to cure the issues and means/methods to correct the issues. A final warranty site walk with the City will be completed to obtain final warranty period acceptance and if accepted, a recommendation will be provided to the City to release the warranty bond. 192
B
Appendix b:
reSumeS
193
YEARS OF EXPERIENCE: 25+
YEARS WITH INTERWEST: 4
EDUCATION:
BS, Civil Engineering,
California State University,
Chico

REGISTRATIONS/

CERTIFICATIONS
CA Registered Civil
Engineer, 55757
NV Registered Civil
Engineer, 13015
QSD/QSP Training

PROFESSIONAL

AFFILIATIONS
National and Orange
County ASCE Member

AREAS OF EXPERTISE
Civil Engineering
Public Works
Program Management
CONTACT INFO:
skooyman@interwestgrp.
com
C: 530.318.1066
Steve Kooyman, PE

PROGRAM MANAGER
Steve is a registered Civil Engineer with more than 25 years of civil engineering experience and has spent a vast amount of his career serving numerous jurisdictions throughout the Southern California region. His background has provided him with the knowledge of city engineering policies and procedures, which is a proven asset when providing technical assistance to engineers, architects, contractors, city personnel, and the public.

PROJECT SPECIFIC EXPERIENCE (LAST 3 YEARS)
Arovista Park Modernization Project, CIP 7978 / City of Brea, CA Contact: Michael Ho, PE, Public Works Director, 714.990.7698 Value: $26M Construction
Completion Date: Anticipated September 2024
Steve is the project manager overseeing and managing the design architect/engineering firms to develop the Plans and Specifications to modify the existing 14+ acre park in Brea. Bid Documents were completed in June 2023.

Senior Center and Pioneer Hall Roof, CIP 7965 / City of Brea, CA Contact: Michael Ho, PE, Public Works Director, 714.990.7698 Value: $360K Construction
Completion Date: September 2023
Steve is the project manager overseeing the completion of the Plans and Specifications for a 12,400 SF re-roof project. Bid Documents were completed in March 2023.

Traffic Signal Modification, Project CIP 7717 / City of Brea, CA Contact: Michael Ho, PE, Public Works Director, 714.990.7698 Value: $320K Construction
Completion Date: September 2023
Steve is the project manager overseeing and managing two design engineering firms to develop the Plans and Specifications to modify the existing signals at three intersections in the City. Bid Documents were completed in April 2023.
Brea Boulevard Street Improvements, CIP 7299 / City of Brea, CA Contact: Michael Ho, PE, Public Works Director, 714.990.7698 Value: $700K Construction
Completion Date: Anticipated October 2023
Steve is the project manager overseeing and managing the design engineering firm to develop the Plans and Specifications for a ¾ miles main arterial street rehabilitation project, which includes milling 2” deep 30,000 sf of pavement, placement of 250,000 SF Type II Slurry, removing and replacement of 12 ADA ramps, and other AC and PCC street improvements along Brea Blvd from Imperial Highway to Fir Street. Bid Documents were completed in April 2023.

Team Resumes
194
South Brea Water and Sewer Replacement
Project, CIP 7454, 7466, 7626 / City of Brea, CA
Contact: Michael Ho, PE, Public Works Director,
714.990.7698
Value: $5.4M Construction
Completion Date: Anticipated April 2023
Steve is the project manager for the replacement
of 14,850 LF 8” C-900 water mains and
appurtenances, 300 1”-2” copper water services,
32 FH’s, 1,794 LF of 6-8” VCP sewer mains, 28
ADA ramps and miscellaneous curb and gutter
work, 2,800 SF of AC R&R, 174,00 SF AC grinding,
1,850 TN’s ARHM overlay, 384,000 SF Type II slurry,
traffic control, and erosion control measures within
various streets in the South Brea subdivision area.

SR 57/Lambert Road Interchange
Improvements, CIP 7251 / City of Brea, CA
Contact: Michael Ho, PE, Public Works Director,
714.990.7698
Value: $55M Construction
Completion Date: Anticipated August 2023
Steve was the project manager and construction
manager for the City on the Caltrans/City
Cooperative Agreement Project to improve the
SR57/Lambert Interchange with the construction
of new loop on ramp and bridge, extension of
existing UC bridge, widening Lambert Road,
re-alignment of on and off ramps, and various
retaining and sound walls.

Country Hills Subdivision Pavement and Water
Improvements, CIP 7322 / City of Brea, CA
Contact: Michael Ho, PE, Public Works Director,
714.990.7698
Value: $5.3M
Completion Date: October 2022
Steve was the project manager and construction
manager for the replacement of 19,300 LF C-900
8” water mains and appurtenances, 500 1”-2”
copper water services, 40 FH’s, 57 ADA ramps
and miscellaneous curb and gutter work, 40,000
SF of AC R&R, 690,000 SF AC grinding, 9,800 TN’s
HMA overlay, traffic control, and erosion control
measures within various streets in the Country
Hills subdivision area.

Napoli Tract Pavement and Water
Improvements, CIP 7458 / City of Brea, CA
Contact: Michael Ho, PE, Public Works Director,
714.990.7698
Value: $1.3M
Completion Date: August 2021
Steve was the project manager for the replacement
of 15,600 LF 8”-10” C-900 water mains and
appurtenances, 265 1” copper water services, 32
FH’s, 3 pressure regulating stations, 530 LF of 8”
sewer main, 22 ADA ramps and miscellaneous
curb and gutter work, 159,480 SF AC grinding,
1,550 TN’s ARHM overlay, traffic control, and
erosion control measures within various streets in
the Napoli Tract subdivision area.

North Hills Subdivision East and West Water
and Pavement Improvements, CIP 7459-7460
/ City of Brea, CA
Contact: Michael Ho, PE, Public Works Director,
714.990.7698
Value: $5.2M
Completion Date: August 2021
Steve was the project manager for the replacement
of 15,600 LF 8”-10” C-900 water mains and
appurtenances, 265 1” copper water services, 32
FH’s, 3 pressure regulating stations, 530 LF of 8”
sewer main, 22 ADA ramps and miscellaneous
curb and gutter work, 159,480 SF AC grinding,
1,550 TN’s ARHM overlay, traffic control, and
erosion control measures within various streets in
the Napoli Tract subdivision area.

Eagle Hills Tract Water and Pavement
Improvements, CIP 7467 / City of Brea, CA
Contact: Michael Ho, PE, Public Works Director,
714.990.7698
Value: $3.0M
Completion Date: December 2020
Steve was the project manager for the
replacement of 9,960 LF 8”-10” C-900 water mains
and appurtenances, 189 1”-2” copper water
services, 20 FH’s, 1 pressure regulating station, 34
ADA ramps and miscellaneous. curb and gutter
work, 400,000 SF AC grinding, 4,800 TN’s AC
HMA overlay, traffic control, and erosion control
measures within various streets in the Eagle Hills
Tract subdivision area.

Steve Kooyman, PE | Program Manager | Page 2
195
YEARS OF EXPERIENCE: 32
YEARS WITH INTERWEST: 2

EDUCATION
BS, Civil Engineering,
University of Texas – El
Paso

LICENSE / CERTIFICATION
CA Registered Civil
Engineer - 59426

AREAS OF EXPERTISE
Facility CIP
Facility Maintenance (City
Hall, City Yard, SARTC,
Police Administration, Jail,
Stores)
Facility Management (City
Yard, Santa Ana Regional
Transportation Center)
Construction Engineering
Fleet
Environmental Program
Stores
Streetlights

SPECIALIZED SKILLS &

TRAINING
Microsoft Office
Primavera Project Planner
Uniform Building Code
Standard Specifications for
Public Construction
Title 24, American
Disabilities Act
Caltrans Specification and
Plans
CONTACT INFO:
tchesanek@interwestgrp.
com
C: 949.285.5529
Tyrone J. Chesanek, P.E.

CONSTRUCTION MANAGER
Tyrone is an experienced deputy public works director managing street and utility CIP , facility and parks CIP , facility maintenance, facilities management, stores, fleet services, environmental program, and streetlights. Tyrone assists in planning, directing, supervising, and coordinating departmental operations; assigns work activities, projects and programs; monitors workflow; reviews and evaluated work products, methods and procedures. He prepares and presents staff reports to city council, council committees, boards, commissions, and numerous civic organizations representing the department. He assists with the preparation of operating and capital improvement budgets, including long-term maintenance management and supervised and assisted subordinate supervisors in the operations and maintenance of city infrastructure, and established long-range plans and goals. He participates in recommending the appointment of personnel; provides staff training; works with employees to correct deficiencies, implements discipline procedures, and recommends employee terminations. He coordinates interdepartmental activities with outside agencies and private organizations; provides staff assistance to the public works director; and prepares and presents staff reports.

PROFESSIONAL HISTORY
Project/Construction Manager / Interwest Consulting Group / 2021 - Present
Tyrone has provided project and construction management services to the following cities:

City of Costa Mesa
Fire Station 3 Renovation - $250 K
Fairview Road – Fair to Newport Boulevard Rehabilitation - $2 M City of Fountain Valley
PD Facility Remodel - $2.5 M
Universal Playground & Recreation Area Project - $2 M City Hall Finance Office Remodel - $40 K
City Hall Entry Security Project - $50 K
Fire Station 1 Project - $10 M
IT UPS/AC/Generator Project - $700 K
City of Brea
South Brea Water Sewer Project - $5.4 M
City of Oceanside
Navigation Center - $5.5 M project
El Camino Bridge Abutment Repair - $60 K
Butler Street Storm drain Relining Project - $200 K
Code Enforcement Relocation Project - $500 K
Deputy Public Works Director / City of Santa Ana / 2019 – 2021 Building Projects:
South Senior Remodel Project - $250 K
Santa Ana Senior Center Remodel Project - $250 K
Walnut Pump Station Project - $5 M
City Manager Office Remodel Project - $150 K
196
HR Office Remodel Project - $100 K
Council Chamber Remodel Project - $200 K
Council Meeting Room Remodel Project - $50 K
Ross Annex Chiller Replacement Project - $700 K
PD Evidence Freezer and Refrigerator Storage Replacement Project - $90 K Corporate Yard Roof Replacement Project - $250 K
Water Department Office Remodel Project - $50 K
OC Fire Station 72 Sink Hole Mitigation Project - $60 K OC Fire Station 70 Roof Replacement Project - $80 K
Construction Engineering and Facility CIP Responsibilities: Supervised, and trained engineers, construction managers, and inspectors for an annual CIP of $20-$25 million, which included facility design and construction, street widening and rehabilitation, stormdrain, water, sewer, traffic signal, and streetlight infrastructure design and construction Supervised Senior Civil Engineers and consultants on periodically review project progress Worked collaboratively with several City departments to plan, gather input and exchange ideas during the project Coordinated related interdepartmental projects Conducted special studies, analyses on public works CIP , prepared reports, and recommendations Performed divisional budgets and Capital Improvement Project budgets Determined availability of funding for various projects or services Monitored the progress of ongoing capital improvement projects Supervised and evaluated performance of subordinates and trained and mentored staff Made personnel recommendations for the division Supervised the preparation of plans, specifications, cost estimates, and other contract documents for all capital outlay and maintenance projects within the City Prepared requests for proposals and review bids submitted by outside consultants Used current computer software applications to prepare reports, estimates, agreements, written requests to City Council with recommendations, technical analyses, Requests for Proposals, and other documents Responded to public requests Filled in for the Public Works Director during his absence Supervised and reviewed all construction contracting performed by the City, directed the inspection and survey of all capital contracts. Monitored and periodically prepared reports on all phases of capital construction contracts administered by the division Mitigated issues with the public.

Principal Civil Engineer / City of Santa Ana / 2011 – 2019 Major Projects:
Bristol Street Widening at Seventeenth Street - $2.9 M Bristol Street Widening at Fifteenth Street - $2.2 M
Bristol Street Widening at Warner Avenue - $2.5 M
Bristol Street Widening & Stormdrain at First Street - $3.5 M Grand Avenue Street Widening & Stormdrain at Grand Avenue - 4.5 M Santa Ana Fire Station 1 New Facility Project - $3 M
West End Pump Station Remodel Project - $2 M
Memory Lane Bridge Widening Project - $10 M
North Flower Bridge Widening Project - $2 M
First Street Bridge Widening Project - $5 M
Pacific Electric Park Project - $2 M
Memory Lane Park Project - $800 K
Santa Ana Zoo Necropsy Facility Project - $500 K
Santa Ana Zoo Restroom Remodel Project - $200 K
Santa Ana Zoo Anteater Exhibit Project - $700 K
Construction Engineering and Facility CIP Responsibilities: Supervised, and trained engineers, construction managers, and inspectors for an annual CIP of $20-$25 million, which included facility design and construction, street widening and rehabilitation, stormdrain, water, sewer, traffic signal, and streetlight infrastructure design and construction Supervised Senior Civil Engineer and consultants on periodically review project progress Worked collaboratively with several City departments to plan, gather input and exchange ideas during the project Coordinated related interdepartmental projects Conducted special studies and analyses on public works CIP , prepared reports and recommendations Performed divisional budgets and Capital Improvement Project budgets Determined availability of funding for various projects or services Monitored the progress of ongoing capital improvement projects Supervised and evaluated performance of subordinates and trained and mentored staff Made Tyrone Chesanek, PE | Construction Manager | Page 2
197
personnel recommendations for the division Supervised the preparation of plans, specifications, cost estimates, and other contract documents for all capital outlay and maintenance projects within the City Prepared requests for proposals and review bids submitted by outside consultants Used current computer software applications to prepare reports, estimates, agreements, written requests to City Council with recommendations, technical analyses, Requests for Proposals, and other documents Responded to public requests Filled in for the Public Works Director during his absence Supervised and reviewed all construction contracting performed by the City, directed the inspection and survey of all capital contracts. Monitored and periodically prepared reports on all phases of capital construction contracts administered by the division Mitigated issues with the public.

Environmental Program Responsibilities: Supervised and trained NPDES Manager Supervised the management of the City’s Urban Stormwater/NPDES Program in accordance with federal, state, and local laws and regulations Supervise the management the City’s Illegal Discharges/Illicit Connections Program, Water Quality Management Program (WQMP), Total Maximum Daily Load (TMDL) compliance program, municipal inspection program including but not limited to construction and commercial/ industrial facilities, stormdrain facility inspection/cleaning program, and other related programs Performed an annual Program Effectiveness Assessment (PEA) of the City’s stormwater program for submittal to the Santa Ana Regional Water Quality Control Board Participate in the development, implementation, and administration of goals, objectives, policies, procedures, and priorities for stormwater compliance programs Participated in the development and administration of the assigned program budget; forecasts additional funds needed: directs the monitoring of and approval of expenditures: and recommends budget adjustments, as necessary Supervised staff, prioritized and reviewed work, evaluated employee performance, and provided technical guidance and training Assisted in the recruitment and hiring of staff Managed consultant contracts and monitors the work performed, reviewed and approved invoices Prepared requests for qualifications and requests for proposals: reviewed proposals to ensure conformity with state law, local ordinances, and departmental policies Performed research, compiles, and analyzes data, and prepared technical reports relating to water quality compliance projects, permits, and programs Acted as the City representative for the stormwater quality program, prepared a variety of reports/presentations for meetings with regulatory agencies, County, local jurisdictions, and other organizations Attended and participated in professional group meetings and committees Kept apprised of new trends and innovations in the field of stormwater management Maintained storm drain facility asset inventory Oversaw the construction of the Santa Ana Delhi Diversion, which diverts non-stormwater to the sewer and removes trash from the bay Streetlight Responsibilities: Developed goals, objectives, policies, and priorities for Streetlight Maintenance and Smart City opportunities Over saw the purchase of SCE streetlights Provided training for a safe working environment and building security Monitored and evaluated the efficiency and effectiveness of service delivery methods Planed, directed, coordinated and monitored the work of staff and outside contractors in the purchase, maintenance and repair of Streetlights Developed Capital Improvement Projects (CIP) to establish appropriate replacement cycles and costs. Ensured financial sustainability and balanced budgets Researched and identified federal, state and local grants to leverage local dollars Managed maintenance agreements. Provided for the oversight and management of streetlight maintenance contracts. Analyzed energy usage of City Streetlights and devised and implemented energy conservation measures Ensured safe and legal work practices Prepared Requests for City Council Actions and other documents and reports made presentations as needed Developed, administered, and monitored budgets.

Tyrone Chesanek, PE | Construction Manager | Page 3
198
C
Appendix c:
finAnciAlS
199
D
Appendix d:
required city formS
200
X
Interwest Consulting Group, Inc.

Paul Meschino
President [email protected]
619.372.9962 714.899.9030
1 Jenner, Suite 160
Irvine, CA 92618
Steve Kooyman, PE
Project Manager [email protected]
530.318.1066 714.899.9030
X
X
201
Christopher Giordano (signing authority) Chief Executive Officer 714.899.9039 Paul Meschino President 619.372.9962(signing authority) Elizabeth Burke Vice President/Secretary 714.899.9039
Daniel Haynes Vice President/Treasurer 714.899.9039
Loren Schlachet Vice President 714.899.9039
Gary Amato (signing authority) Chief Administrative Officer 714.899.9039 73-1630909
Interwest will obtain a Costa Mesa business license
upon contract award.

N/A
202
Paul Meschino, President
02/26/2024
N/A
N/A
N/A
203
X
204
None
205
Interwest Consulting Group, Inc
N/A
1 Jenner, Suite 160, Irvine, CA 92618
https://interwestgrp.com
714.899.9039 714.899.9039
[email protected]
21 years
3 years in Irvine office; 20 years in Orange County
X
73-1630909
8:00an - 5:00pm PST
Regular holidays and hours when business
is closed: Closed Saturdays and Sundays, New Years Day Memorial Day, 4th of July, Labor Day, Thanksgiving and day after Thanksgiving, Christmas Day
Paul Meschino
619.372.9962

714.899.9039
[email protected]
Mike Marr
970.829.0049 714.899.9039
[email protected]
Steve Kooyman, PE
530.318.1066

714.899.9039
[email protected]
206
COMPANY PROFILE & REFERENCES (Continued)
Submit the company names, addresses, telephone numbers, email, contact names, and brief contract descriptions of at least three clients, preferably other municipalities for whom comparable projects have been completed or submit letters from your references which include the requested information.

Company Name:

Contact Name:

City of Costa Mesa
Raja Sethuraman, Public Services Director
Contract Amount: N/A
Email: [email protected]
Address: 77 Fair Dr, Costa Mesa, CA 92626
Brief Contract Description:

This was a project funded by multiple sources including OCTA and Drainage Improvement funds, which required continuous documentation and adherence with OCTA procedures. This project consisted of reducing the potential for major storm damage within the areas west of Newport Boulevard and Arlington Drive behind the Orange County Fairgrounds.

Company Name: City of Santa Ana
Telephone Number: 714.647.5632
Contact Name: Kenny Nguyen, Senior Civil Engineer
Contract Amount: N/A
Email: [email protected]
Address: 20 Civic Center Plaza, Santa Ana, CA 92702
Brief Contract Description:

Interwest is providing construction management and inspection services for this project, which aims to widen a 1- mile segment of Warner Avenue, a regionally significant arterial roadway in the City of Santa Ana. Phase 1 involves an area of

0.3 miles along Warner Avenue between Main Street and Oak Street, widening the roadway from four to six lanes, with three lanes in each direction.

Company Name: South Pasadena
Telephone Number: 626.403.7240
Contact Name: Khristine Courdy, Deputy Public Works Director Contract Amount: $1.1M
Email: [email protected]
Address: 1414 Mission Street, South Pasadena, CA 91030
Brief Contract Description:

Interwest provided construction management and inspection services on this project which included repair of damaged asphalt pavement by grinding and overlay with conventional asphalt, installation of Petromat, reconnection of curb drains, localized repairs of damaged curb/gutter, sidewalk, and driveways, replacement of ADA access ramps, adjustment of manholes and utility covers, replacement of water services, valves, meter boxes, and fire hydrants, resetting of survey monuments.
207
Company Name: City of Brea
Telephone Number: 714.990.7657
Contact Name: Michael Ho, PE
Contract Amount: $79M
Email: [email protected]
Address: 1 Civic Center Circle, Brea, CA 92821
Brief Contract Description:

The Project entails the construction of the SR 57 & Lambert Road Interchange which includes the re- alignment of the Northbound off-ramp, new Northbound on-ramp loop with bridge, widening of Lambert Road west (new right turn lane), widening of Northbound on-ramp, widening and extension of Southbound off-ramp, widening of Lambert Road east (new right turn lane) for Southbound on-ramp, widening and extension of Southbound on-ramp and bridge widening at Railroad Crossing, SR 57/ Lambert Bridge widening, Retaining walls, sound walls, and other various signal and street median improvements.

Company Name: Rancho Palos Verdes
Telephone Number: 310.544.5282
Contact Name: Charles Eder
Contract Amount: $2.2M
Email: [email protected]
Address: 30940 Hawthorne Blvd, Rancho Palos Verdes, CA 90275 Brief Contract Description:

Interwest provided construction management and inspection services on the Area 8 Residential Street Rehabilitation Project, Phase I. This resurfacing project had a duration of 45 working days, with 10 additional days for pre/post - construction tasks, for a combined total of 55 working days. The engineer’s estimate for the entire project was $2.2 million.

Interwest’s inspector was required for 10 hours per day and our project manager/construction manager was required for 2 hours per day. Tasks included furnishing all necessary labor, materials, equipment and other incidental and appurtenant work necessary to remove and replace sidewalk, ramps, driveway aprons, curb & gutter, crack routing and sealing, and AC repairs at various locations throughout the City. All work was performed in strict conformance with the contract documents, permits from regulatory agencies with jurisdiction, and applicable regulations. 208
N/A
Interwest Consulting Group, Inc.
02/26/2024
209

EXHIBIT C

CONSULTANT’S COST PROPOSAL

210
www.interwestgrp.com
www.interwestgrp.com

CITY OF

COSTA MESA

On-Call Engineering Staff Support & Program
Management Services for Various Park Projects
RFP No. 24-09
MAIN PROPOSAL CONTACT:

Shelby Sieracki
Account Manager
626.224.2055
[email protected]
February 26, 2024

COST PROPOSAL
211

Billing Rates

ͳ͹ǡʹͲʹ͵
Beginning on the 1st anniversary of the Effective Date of the Agreement and annually thereafter, the hourly rates listed below shall be automatically increased based upon the annual increase in the Department of Labor, Bureau of Labor Statistics or successor thereof, Consumer Price Index (United States City Average, All Items (CPI -U), Not Seasonally adjusted, All Urban Consumers, referred to herein as the “CPI”). Such incr ease shall not exceed 4% per annum. The increase will become effective upon publication of the applicable CPI data. If the index decreases, the rates listed shall remain unchanged.

Classification Hourly Billing Rate Engineering
Principal in Charge .................................................................................................................................. $245 Principal Engineer ..................................................................................................................................... 220 City Surveyor ............................................................................................................................................. 215 City Engineer ............................................................................................................................................. 215 Project Manager ....................................................................................................................................... 200 Traffic Engineer ......................................................................................................................................... 195 Transportation Engineer ........................................................................................................................... 200 Supervising Engineer ................................................................................................................................. 195 Senior Engineer ......................................................................................................................................... 190 Licensed Land Surveyor ............................................................................................................................ 185 Engineering Associate III ........................................................................................................................... 155 Engineering Associate II ............................................................................................................................ 145 Engineering Associate I ............................................................................................................................. 135 Survey Technician ..................................................................................................................................... 125 Senior Engineering Technician .................................................................................................................. 125 Engineering Technician III ......................................................................................................................... 125 Engineering Technician II .......................................................................................................................... 110 Engineering Technician I ........................................................................................................................... 100 Student Trainee .......................................................................................................................................... 50 Grading Plans Examiner ............................................................................................................................ 160

Building Safety Services
Certified Building Official .......................................................................................................................... 160 Licensed Plan Review Engineer (structural, civil, electrical, mechanical) / Architect ............................... 155 Supervising Structural Engineer ................................................................................................................ 185 Senior Structural Engineer ........................................................................................................................ 175 Senior Plans Examiner ............................................................................................................................... 140 CASp .......................................................................................................................................................... 125 Inspector III ............................................................................................................................................... 110 Inspector II ................................................................................................................................................ 100 Inspector I ................................................................................................................................................... 90 Permit Technician ....................................................................................................................................... 80 Fire Protection Engineer ........................................................................................................................... 155 Senior Fire Plans Examiner ........................................................................................................................ 130 Fire Plans Examiner / Fire Inspector ......................................................................................................... 120 ICC Building Plans Examiner ………………………………………………………….…………………………………………….…….120 212

Senior Code Enforcement Officer ............................................................................................................. 135 Code Enforcement Officer ........................................................................................................................ 125 Trainee ....................................................................................................................................................... 75

Construction Management
Construction Manager ............................................................................................................................. 175 Assistant Construction Manager .............................................................................................................. 155 Supervising Public Works Observer .......................................................................................................... 170 Senior Public Works Observer .................................................................................................................. 165 Public Works Observer III .......................................................................................................................... 155 Public Works Observer II ........................................................................................................................... 140 Public Works Observer I ............................................................................................................................ 125

Real Estate
Supervising Corporate Broker ................................................................................................................... 250 Senior Project Manager ............................................................................................................................ 195 Project Manager ....................................................................................................................................... 175 Senior Acquisition / Relocation Agent ...................................................................................................... 135 Acquisition / Relocation Agent ................................................................................................................. 120 ROW Technician ........................................................................................................................................ 110 ROW Coordinator ........................................................................................................................................ 95 Administrative Support ............................................................................................................................... 80

Landscape Design Review Services
Project Manager ....................................................................................................................................... 175 Senior Landscape Design Reviewer .......................................................................................................... 160 Landscape Design Reviewer ...................................................................................................................... 145 Landscape Maintenance Inspector ........................................................................................................... 125 Landscape Field Supervisor ....................................................................................................................... 125

Planning Services
Community Development Director ......................................................................................................... 215 Planning Manager ................................................................................................................................... 190 Principal Planner...................................................................................................................................... 175 Senior Planner .......................................................................................................................................... 160 Associate Planner ............ ........................................................................................................................ 130 Assistant Planner....................................................................................................................................... 105 Planning Technician .................................................................................................................................... 85

Administrative
Grant Manager .......................................................................................................................................... 160 Grant Writer .............................................................................................................................................. 150 Management Analyst II ............................................................................................................................. 120 Management Analyst I .............................................................................................................................. 110 Senior Administrative ............................................................................................................................... 100 Administrative III ......................................................................................................................................... 95 Administrative II .......................................................................................................................................... 90 Administrative I ........................................................................................................................................... 75 213

EXHIBIT D

CITY COUNCIL POLICY 100-5

214

CITY OF COSTA MESA, CALIFORNIA

COUNCIL POLICY

BACKGROUND

Under the Federal Drug-Free Workplace Act of 1988, passed as part of omnibus drug legislation enacted November 18, 1988, contractors and grantees of Federal funds must certify that they will provide drug-free workplaces. At the present time, the City of Costa Mesa, as a sub-grantee of Federal funds under a variety of programs, is required to abide by this Act. The City Council has expressed its support of the national effort to eradicate drug abuse through the creation of a Substance Abuse Committee, institution of a City-wide D.A.R.E. program in all local schools and other activities in support of a drug -free community. This policy is intended to extend that effort to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs in the workplace.

PURPOSE

It is the purpose of this Policy to:

1. Clearly state the City of Costa Mesa’s commitment to a drug-free society.

2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving funds from the City of Costa Mesa share the commitment to a drug-free workplace.

POLICY

The City Manager, under direction by the City Council, shall take the necessary steps to see that the following provisions are included in all contracts and agreements entered into by the City of Costa Mesa involving the disbursement of funds.

1. Contractor or Sub-grantee hereby certifies that it will provide a drug-free workplace by:

A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in Contractor’s and/or sub -grantee’s workplace, specifically the job site or location included in this contract, and specifying the actions that will be taken against the employees for violation of such prohibition;

B. Establishing a Drug-Free Awareness Program to inform employees about:

SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89
PAGE

1 of 3

215

SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89
PAGE

2 of 3

1. The dangers of drug abuse in the workplace;

2. Contractor’s and/or sub-grantee’s policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation and employee assistance programs; and

4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;

C. Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by subparagraph A;

D. Notifying the employee in the statement required by subparagraph 1 A that, as a condition of employment under the contract, the employee will:

1. Abide by the terms of the statement; and

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction;

E. Notifying the City of Costa Mesa within ten (10) days after receiving notice under subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of such conviction;

F. Taking one of the following actions within thirty (30) days of receiving notice under subparagraph 1 D 2 with respect to an employee who is so convicted:

1. Taking appropriate personnel action against such an employee, up to and including termination; or

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health agency, law enforcement, or other appropriate agency;

216

SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89
PAGE
3 of 3
G. Making a good faith effort to maintain a drug -free workplace through implementation of subparagraphs 1 A through 1 F, inclusive.

2. Contractor and/or sub-grantee shall be deemed to be in violation of this Policy if the City of Costa Mesa determines that:
a. Contractor and/or sub -grantee has made a false certification under paragraph 1 above;
b. Contractor and/or sub-grantee has violated the certification by failing to carry out the requirements of subparagraphs 1 A through 1 G above; c. Such number of employees of Contractor and/or sub-grantee have been convicted of violations of criminal drug statutes for violations occurring in the workplace as to indicate that the contractor and/or sub -grantee has failed to make a good faith effort to provide a drug-free workplace.

3. Should any contractor and/or sub -grantee be deemed to be in violation of this Policy pursuant to the provisions of 2 A, B, and C, a suspension, termination or debarment proceeding subject to applicable Federal, State, and local laws shall be conducted. Upon issuance of any final decision under this section requiring debarment of a contractor and/or sub-grantee, the contractor and/or sub -grantee shall be ineligible for award of any contract, agreement or grant from the City of Costa Mesa for a period spe cified in the decision, not to exceed five (5) years. Upon issuance of any final decision recommending against debarment of the contractor and/or sub-grantee, the contractor and/or sub-grantee shall be eligible for compensation as provided by law.
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CITY OF COSTA MESA

PROFESSIONAL SERVICES AGREEMENT
WITH

LADAYU CONSULTING GROUP
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 21st day of May, 2024 (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”), and LADAYU CONSULTING GROUP , a sole proprietorship (“Consultant”).

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

1.0. SERVICES PROVIDED BY CONSULTANT

1.3. Performance to Satisfaction of City . Consultant agrees to perform all the work to the complete satisfaction of the City. Evaluations of the work will be done by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
ATTACHMENT 2
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(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or

2.0. COMPENSATION AND BILLING

2.1. Compensation. Consultant shall be paid in accordance with the rate set forth in Consultant’s Cost and Proposal set forth in Exhibit “C,” attached hereto and made a part of this Agreement.

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3.0. TIME OF PERFORMANCE

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4.0. TERM AND TERMINATION

The ter mination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City.

4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall b e delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City’s sole risk and without liability or legal expense to Consultant.

5.0. INSURANCE

Consultant agrees to waive, and to obtain endorsements from its workers’ 221
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compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City , its officers, agents, employees, and volunteers arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.

(d) Professional errors and omissions (“E&O”) liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If the policy is written as a “claims made” policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder.

5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions:

(a) Additional insureds: “The City of Costa Mesa and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant.”

(b) Notice: “Said policy shall not terminate, be suspended, or voided, nor shall it be cancelled, nor the coverage or limits reduced, until thirty (30) days after written notice is given to City.”

(c) Other insurance: “ The Consultant’s insurance coverage shall be primary insurance as respects the City of Costa Mesa, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Costa Mesa shall be excess and not contributing with the ins urance provided by this policy.”

(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Costa Mesa, its officers, officials, agents, employees, and volunteers.

(e) The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance 222
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showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement.

6.0. GENERAL PROVISIONS

6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement.

IF TO CONSULTANT: IF TO CITY:

Ladayu Consulting Group
316 Tejon Place
Palos Verdes Estates, CA 90274
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Tel: (310) 968-7263 Tel: (714) 754-5633
Attn: Daniel Garcia Attn: Seung Yang

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Courtesy copy to:

City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
Attn: Finance Dept. | Purchasing

6.5. Drug-Free Workplace Policy. Consultant shall provide a drug -free workplace by complying with all pro visions set forth in City’s Council Policy 100 -5, attached hereto as Exhibit “D” and incorporated herein. Consultant’s failure to conform to the requirements set forth in Council Policy 100-5 shall constitute a material breach of this Agreement and shall be cause for immediate termination of this Agreement by City.

6.9. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Consultant’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors, in the performance of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon negligence, recklessness, or willful misconduct in the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not t he Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable.

misconduct of the City. In no event shall the cost to defend charged to Consultant exceed Consultant’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with other parties regarding unpaid defense costs. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specif ications or Consultant’s Proposal, which shall be of no force and effect.

Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay t o City any reimbursement or indemnification arising under this paragraph.

6.12. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contribution s, which would otherwise be the responsibility of City.

agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contributi on and/or employee contributions for PERS benefits.

6.14. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City.

6.15. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data , including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records A ct (California Government Code s ection 6250 et seq.).

Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for t he disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.

During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior writt en approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.

drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.

6.18. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.

6.21. Binding Effect. This Agreement binds and benefits the parties and their respective permitted successors and assigns.

6.25. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.

6.26. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any prov ision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event s hall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

6.27. Severability. If any provision of this Agreement is determined by a court of 227
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competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party , is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

6.30. Executive Order N -6-22 Russia Sanctions . On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the “EO”) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entitie s that are determined to be a target of Economic Sanctions . This Executive Order extends to recipients of any State Grants (Grantee). Grantees include those who have contracted or will contract to receive State Grant funds. Accordingly, should the State determine that a Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide the Grantee advance written notice of such termination, allowing the Grantee at least 30 calendar days to provide a written response. Termination of any contract found to be in violation of this Executive Order shall be at the sole discretion of the State.

[Signatures appear on following page.]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

CONSULTANT

__________________________________ Date: __________________________ Daniel Garcia, PE, REA, CPP

CITY OF COSTA MESA

__________________________________ Date: __________________________ Lori Ann Farrell Harrison
City Manager

ATTEST:

__________________________________
Brenda Green
City Clerk

APPROVED AS TO FORM:

__________________________________ Date: __________________________ Kimberly Hall Barlow
City Attorney

APPROVED AS TO INSURANCE:

__________________________________ Date: __________________________ Ruth Wang
Risk Management

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APPROVED AS TO CONTENT:

__________________________________ Date: __________________________ Seung Yang
Project Manager

DEPARTMENTAL APPROVAL:

__________________________________ Date: __________________________ Raja Sethuraman
Public Works Director

APPROVED AS TO PURCHASING:

__________________________________ Date: __________________________ Carol Molina
Finance Director

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EXHIBIT A

REQUEST FOR PROPOSALS
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EXHIBIT B

CONSULTANT’S PROPOSAL

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February 26, 2024

REQUEST FOR PROPOSALS
On-Call Engineering Staff Support & Program Management Services for Various Park Projects (RFP No. 24-09)
Prepared for: By:

City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
www.costamesaca.gov
(714) 754-5000
Ladayu Consulting Group

316 Tejon Place

Palos Verdes Estates, CA 90274
www.ladayucg.com
(310) 968-7263
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February 26, 2024
Seung Yang, PE, City Engineer
City of Costa Mesa
77 Fair Drive
Costa Mesa, CA 92626
RE: RFP No. 24-09 – On-Call Staff Support & Project Management Services for Various Park Projects
Dear Seung,
Ladayu Consulting Group (LCG) is pleased to present our Proposal to provide the City of Costa Mesa for On-Call Staff Support & Project Managment Services for Various Park Projects. LCG is a Municipal Services staff augmentation company specializing in Municipal Engineering, such as Park Management, Landscape Architecture, Public Works Construction Management and Inspection. LCG will also sub-consult with JM
Diaz, Inc. (Design services), Ninyo & Moore (Geotechnical services) and others as- needed that LCG has had a long and productive working relationship with.

We are proud of our reputation for providing thoughtful solutions that build thriving communities throughout California. Experienced in a wide range of municipal engineering services, our team of caring professionals serves our municipal clients through a tailored approach based upon client values and needs. We define ourselves by the strength of our relationships with the people that we work with and the people that we work for. Earning client trust and appreciation by exceeding expectations is our ultimate measure of success.

LCG has specialized in providing Engineering Staff Support and Project Management Services to California cities since our founding. The leadership and management team at LCG are individuals with the passion to provide professional civil engineering services to cities. We only serve public agency clients, typically in a staff augmentation and project management role. We believe that our exclusive commitment to public agency clients is important since it allows us to avoid any real or perceived issues regarding conflicts of interests.

I will act as Principal-I n-Charge for this engagement. As President of LCG, I am authorized to bind the firm to all commitments made in our proposal. I have authorized Daniel Garcia, Vice President, to be the Contract Manager and QA/QC for the City of
Costa Mesa. Daniel’s contact information follows:

Daniel Garcia, PE, REA, CPP
(authorized to submit proposal and negotiate on LCG's behalf) Ladayu Consulting Group
316 Tejon Place
Palos Verdes Estates, CA 90274 (only company address)
[email protected] | C: 310.968.7263
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LCG appreciates the opportunity to present our qualifications, experience and desire to provide On-Call Staff Support and Project Management Services for Various Park Projects, for your review and consideration. This proposal will be valid for 180 days from submittal. LCG ACKNOWLEDGES RECEIPT OF ANY ADDENDUMS, IF ISSUED, FOR THIS RFP.

Sincerely,
Ladayu Phaphan
Founder and President
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Table of Contents
Cover Letter ................................................................................................................... i-ii Background and Project Summary Section …….............................................................. 1 Project Approach and Methodology ........................................................................….. 2-6 Qualifications & Experience of the Firm ……............................................................... 7-10 Financial Capacity …….................................................................................................. 10 Key Personnel ……................................................................................................... 10-12 Disclosure …….............................................................................................................. 12 Appendix C: Forms Vendor Application Form Ex Parte Communication Form Disqualification Questionnaire Disclosure of Government Positions Company Profile & References Bidder/Applicant/Contractor Campaign Contribution Disclosure Form

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1 City of Costa Mesa
RFP No. 24-09 – On-Call Engineering Staff Support &
Program Management Services for Various Park Project s
Ladayu Consulting Group (LCG) is uniquely qualified to
provide the City of Costa Mesa with exceptional professional engineering staff support and program management services, as evidenced by our proven track record of successfully providing similar services to municipalities throughout Southern California.

We have research and review the City’s Capital Improvement Program including Park Project Descriptions for Fair Park – Mesa Restoration & Cultural Resource Preservation CA-ORA-58, Fairview Park – West Bluff Stabilization and Restoration, Shalimar Park Improvements, Ketchum-Libolt Park Expansion, and TeWinkle Park Lake Repairs and are enthusiastic about the possibility of assisting the City of Costa Mesa in completing the impressive list of CIP projects, especially for park improvement projects.

LCG understands the City of Costa Mesa expects experienced and qualified individuals to perform professional engineering and management services for On-Call Engineering Staff Support & Program Management Services for Various Park Project s. For this proposal to the City of Costa Mesa based on Scope of Work , LCG has included an experienced Park Program Manager, Construction Manager/Resident Engineer , Inspector, Development Review Engineer, Project Managers, Landscape Architect, Associate Engineer, and Grant Administrator , who have been directly involved in managing park management projects. LCG’s proposed key personnel and sub- consultants are experienced; have strong knowledge and background in administering municipal public works projects; be capable of providing leadership to the entire design and construction team; be able to work in close partnership with City staff; and be able to oversee/manage/control schedules and costs during all phases of the project construction. We are confident that we have assembled a project team that will exceed the City’s expectations as we deliver the requested services.

SUB-CONSULTANT TEAMING INFORMATION
To provide the complete spectrum of services listed in the RFP’s Scope of Services, we have teamed with the following sub-consultants to provide targeted services:
•
JMDiaz, Inc. ....................................................................................... Design Services • Ninyo & Moore ......................................................................... Geotechnical Services • BPR Consulting Group .......................... Structural, Mechanical, Electrical Services • Coast Survey ....................................................................... Land Surveying Services Background and Project Summary Section

276

2 City of Costa Mesa RFP No. 24-09 – On-Call Engineering Staff Support & Program Management Services for Various Park Projects LCG’s approach and methodology to implementing the City of Costa Mesa’s On-Call Engineering Staff Support & Program Management Services for Various Park Projects is to provide the City with the best qualified Park Program Manager, Construction Manager, Inspector, Development Review Engineer, Project Managers, Landscape Architect, Associate Engineer, and Grant Administrator in order to efficiently manage the individual park improvement projects/tasks with respect to costs/budget. LCG will assign an experienced City Engineer and former Costa Mesa Park Program Manager Daniel R. Garcia, PE, REA, CPP to serve as Park Program Manager on this project. Daniel will also serve as Contract Manager and QA/QC in charge of implementing this contract and the QC/QC protocol. He will be the central point of communication report directly to the City of Costa Mesa’s Project Manager assumed to be Seung Yang, PE, City Engineer. Daniel will manage the sub-consultants, JMDiaz, Inc. (Design Services), BPR Consulting Group (Structural, Mechanical, Electrical Services), Ninyo & Moore (Geotechnical Services), and Coast Survey (Land Surveying Services). Ludwig I. Smeets, PE will serve as Development Review Engineer and Construction Manager/Resident Engineer for the City. He will provide development engineering service and construction management service as requested in this RPP’s scope of services. Ludwig has over 38 years of municipal and construction experience. He is also an expert in Private Development and can provide advice and recommendations that would benefit the City of Costa Mesa. As Construction Manager/Resident Engineer, Ludwig will be assisted by Angel Quintero, Inspector, who has had over 28 years of public works management in utilities, construction inspection, water management, etc. Ann D. Herner will serve as Grant Administrator providing Grants Administration services as required by this contract. She has over 30 years of experience in the State of California working for various jurisdictions. Charles D. Herbertson, PE, PLS and Tony Antich, PE will serve as Project Managers and will manage various park projects in either design or construction, assist the City in scope and obtaining approvals form applicable agencies and other permits as may be required, develop and provide advice and recommendations of the park projects. They will also manage the design projects being designed by JMDiaz, Inc. (Design Services Sub-consultant) and provide additional public works engineer services and miscellaneous engineering services, if the City requires. Patrick J. Reynolds, PLA will serve as Landscape Architect providing Landscape Architect services as required by this contract. He will coordinate with City staff, consultants and LCG’s Project Managers for various park projects and other City projects. Oranos Mekwian, Associate Engineer, will assist Daniel Garcia, Park Program Manager and Ludwig Smeets, Construction Manager/Resident Engineer, in the various park projects management and provide project administration/construction support services.

Project Approach and Methodology
277

3 City of Costa Mesa RFP No. 24-09 – On-Call Engineering Staff Support & Program Management Services for Various Park Projects All communication on this contract will follow the following Project Work Plan Chart:

Costa Mesa Project Work Plan Chart
Roles and Responsibilities Per Tasks and Scope of Services Daniel R. Garcia, PE. REA, CPP l Contract Manager and QA/QC • Execute Contract Administration and provide additional resources when requested or resolve any issues with the contract implementation. • Provide QA/QC relative to the deliverables. Daniel R. Garcia, PE. REA, CPP l Park Program Manager • Provide Staff and Services as requested by the City Project Manager • Conduct "as-need" RFPs to select other consultants that are outside the expertise or time constraints of City staff. • Perform effective use of time management and resource allocation for various projects - Guide several projects to their ultimate completion and success. • Assist City staff, engineer, contractor, and construction manager/contract administrator with interpretation of the plans and specifications, analysis of changed conditions, development of corrective action, review of shop drawings and other submittals, and the review and negotiation of change orders. 278

4 City of Costa Mesa RFP No. 24-09 – On-Call Engineering Staff Support & Program Management Services for Various Park Projects • Perform other duties as directed by the Director of Public Works/Facilities • Effectively manage several projects at the same time (i.e., program management) and that key milestones and deadlines are met. • Coordinate staff, other agencies, consultants, contractors, etc., to effectively coordinate one or more ongoing projects happening concurrently. • Perform effective use of time management and resource allocation for various projects. • Guide several projects to their ultimate completion and success. Ludwig I. Smeets, PE l Construction Manager/ Resident Engineer • Review and develop standard plans and specifications. • Respond to plan check comments. • Perform Construction Management and Administration specifically for park projects to the City. • During construction, Ludwig will make on-site visits; review material submittals, shop drawings and test results; respond to RFPs; draft change orders; and review pay estimates. Preliminary Engineering: • Review alternative preliminary layouts, surveying, geotechnical services, and estimates of probable cost for alternatives. • Prepare or review engineering details and calculations. • Coordinate with JMDiaz, Inc. (Design Services Sub-consultant) present alternatives and provide recommendations and analyses of the advantages of each alternative to the City. • Review feasibility studies including alternatives to meet a desired goal with arguments for and against each alternative and cost estimate for each one. Design: • Review engineering calculations and designs, plans, specifications, cost estimates, and contract bidding documents. • Provide bidding services including responding to bidders questions, attending any pre-bid job walk, assistance in preparing addenda, attending the pre-construction meeting. Construction Services: • Manage construction schedule, visit construction site for progress and quality of work evaluation. • Conduct a pre-construction meeting and biweekly construction meetings or as deemed necessary by the construction manager with the contractor, City and other involved parties. • Assist City staff, engineer, contractor, and contract administrator with interpretation of the plans and specifications, analysis of changed conditions, development of corrective action, review of shop drawings and other submittals, and the review and negotiation of change orders. 279

5 City of Costa Mesa RFP No. 24-09 – On-Call Engineering Staff Support & Program Management Services for Various Park Projects • Act as Resident Engineer/Construction Manager • Coordinate with City staff, multiple contractors when applicable, agencies, and Project stakeholders. • Prepare weekly Statements of Working Days and other reports that may be required by the City. • Review RFIs with the Engineer of Record and provide report. • Coordinate design changes with the Engineer of Record. Ludwig I. Smeets, PE l Development Review Engineer • Review and evaluate development proposals. • Write Conditions of Approval. Angel Quintero l Inspector • Perform inspection services, ensure project construction is in accordance with approved PS&E, City Standards and Greenbook, inspect materials and equipment upon delivery for compliance with construction contract documentation, provide daily reports with progressive photos of the project, and conduct labor compliance and certified payrolls reviews and approvals with every monthly payment or Pay Application request. Charles D. Herbertson, PE and Tony Antich, PE l Project Managers • Coordinate staff, other agencies, consultants, contractors, etc. to effectively coordinate one or more ongoing projects happening concurrently. • Assist the City in obtaining approvals from applicable agencies, including Caltrans, Costa Mesa Sanitary District, Mesa Water District, Irvine Ranch Water District, all County of Orange agencies (e.g., OC Public Works), all Federal agencies (e.g., Fish and Wildife), California Regional Water Quality Control Board, etc., and other permits as may be required. • Work with utilities such as Southern California Edison, Gas Company, AT&T, Verizon, etc. on permitting issues. Patrick J. Reynolds, PLA l Landscape Architect • Landscape Architecture Services Ann D. Herner l Grant Administrator • Assist with grant applications. Oranos Mekwian l Associate Engineer • Assist Ludwig Smeets, Construction Manager, prepare and distribute meeting agendas, minutes and progress reports. • Provide construction management support and maintain the record of construction documents. Ninyo & Moore l Geotechnical Services Sub-consultant • Conduct materials testing. 280

6 City of Costa Mesa
RFP No. 24-09 – On-Call Engineering Staff Support &
Program Management Services for Various Park Projects
JMDiaz, Inc. l Design Services Sub-consultant
• Provide civil design services. Prepare design and plans, as-built drawings, estimates, and develop specifications (PS&E's) for park projects as needed.

Formats for these documents will be discussed at the time of the task assignment. • Provide preliminary studies and public outreach.
• Prepare feasibility studies including alternatives to meet a desired goal with arguments for and against each alternative and cost estimate for each one.

Coast Survey l Land Surveyor Services Sub-consultant
• Provide land surveying and other field reconnaissance.

BPR Consulting Group l Structural, Mechanical, Electrical Services Sub-consultant • Provide structural, mechanical, and electrical services.

Potential Issues/Challenges
Although LCG expects the entire project to go smoothly, experience tells us that there are always potential issues and challenges with any project. As experienced, some potential issues/challenges that LCG team might expect to encounter in this project are these following:
• Potential Budget Issues: Since costs are a big issue in general these days especially when it comes to real estate, inflation and escalating costs in this region, all tied to elements of this project, keeping track of the budget is paramount. In order to minimize disruptions to performance, LCG’s Project/Construction Manager, will keep track of the existing budget and when any changes occur, they will document these changes and bring it up to the affected parties in the weekly meetings and find alternatives for keeping the project within budget. The City will be made aware of these budget items if they become significant. • Potential Scheduling Issues: If one of th e components under LCG’s Project/Construction Manager's jurisdiction is experiencing scheduling delays and if there isn't the possibility to absorb it into the float and there needs to be a schedule adjustment, this will be announced to the stakeholders as soon as it is apparent, and a schedule adjustment will be recommended to the City. If approved, a revised schedule will be implemented.
• Unforeseen Field Conditions: If an item comes up in the field during demolition or construction such as archeological artifacts, hazardous waste, etc., that might have an impact on the project's budget or schedule, LCG’s Construction Manager will provide alternatives and recommendations for the City and stakeholders to consider. He will provide timetables a nd suggestions for moving forward with the project and provide the financial and scheduling impacts for the project. • Any Other Issues: If any issues come up that might impact this projects' budget and schedule, LCG’s Construction Manager will be sure to coordinate with the City and Stakeholders on what the next steps will be and move forward with the project. 281

7 City of Costa Mesa RFP No. 24-09 – On-Call Engineering Staff Support & Program Management Services for Various Park Projects The seamless integration of municipal service professionals in support of public agencies has been our purpose since Ladayu Consulting Group (LCG) was formed in 2015. LCG was founded by individuals with a passion for serving municipalities. Our employees span a multitude of disciplines within public works and engineering departments throughout California. Most of LCG's staff are from the municipal public sector. We are small enough to ensure that we can maintain focus and are responsive to the needs of the City of Costa Mesa’s On-Call Engineering Staff Support & Program Management Services for Various Park Projects tasks yet big enough to provide a comprehensive and reliable array of municipal services, if required. Ladayu Consulting Group provides a host of services to cities including: • Project and Program Management • Construction Management/Construction Inspection • Public Works Management • Park Management • Civil/Private Development Plan Review Services (includes grading, streets, storm drains, sewers, erosion control, etc.) • Land Development/Subdivision Map Act (includes tracts, parcel maps, vesting, etc.) • Sewer and Storm Drain Compliance • Landscape Architect • City Engineering • Traffic Engineering LCG's staff has held senior and executive management positions within numerous California cities including titles of Park Program Manager, Project Manager, Construction Manager, Inspector, Development Review Engineer, Landscape Architect, Grant Administrator, Associate Engineer, and other well-seasoned management personnel. This depth of experience brings a high level of expertise and sensitivity towards community and special interest group issues. We value the importance of a focus that represents the interests of our public agency clients and reflects positively on the citizens they serve. LCG was formed and founded in 2015 and established our Engineering office in Palos Verdes Estates. We are a sole proprietorship. Our legal name is Ladayu Consulting Group. LCG's Federal Employer Identification Number is 36-4967928. We currently have 16 employees (size) and are growing. Our official business address follows: Ladayu Consulting Group 316 Tejon Place Palos Verdes Estates, CA 90274 (only business location/address) www.ladaycg.com Qualifications & Experience of the Firm
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8 City of Costa Mesa RFP No. 24-09 – On-Call Engineering Staff Support & Program Management Services for Various Park Projects The relevant experience, specific qualifications, and technical expertise of the firm and sub-consultants to provide design services In this contract, LCG will sub-consult with JMDiaz, Inc. (JMD) for Design Services. JMD’s relevant experience and specific qualification are shown as below: JMDiaz, Inc. (JMD), a California corporation, offers a full range of transportation planning and civil engineering covering highways, land development, traffic and rail projects for local agencies, railroads and private entities in California. Originally founded by Juan M. Diaz in 2001, JMD is serving clients from its regional office in the City of Industry, California. Currently, JMD has a staff of 22 professionals and administrative staff. JMD prepares preliminary and final design for a variety of civil engineering projects including land development (e.g., site grading, drainage, etc.) and transportation facilities (e.g., highways, roadways, rail corridors, etc.). In additional, JMD offers a variety of civil engineering services for transportation and land development projects. Such services cover all project development phases including planning, engineering and construction. Ultimately, JMD provides construction oversight services including construction observation and inspections services of transportation and land development projects. Juan Diaz, PE has had a stellar reputation in delivering CIP and other projects for cities throughout Southern California. JMD has worked with Ladayu Consulting Group on many projects in the Gateway Cities including Compton Boulevard, Central Avenue and many others. LCG and JMD have built a great working relationship over the years of collaboration. JMD would be a powerful design, preliminary study, and public outreach in delivering projects for the City of Costa Mesa. JMD's contact information is as follows: JMDiaz, Inc. 18645 East Gale Avenue, Suite 212 City of Industry, CA 91748-1363 (626) 820-1137 Tel | (626) 820-1136 Fax [email protected] www.jmdiaz.com LCG’s Current and Previous Contracts Similar to the Requirements for this RFP LCG had experience in providing similar service for other agencies such as the Cities of Huntington Park, Compton, and Maywood. A summary of recent relevant projects that LCG and assigned personnel have performed within the past 8 years for public agencies that are similar in nature that is being requested in this RFP are shown below. •
City of Huntington Park
Steve Forster, Public Works Director 6550 Mile Avenue., Huntington Park, CA 90255 562.587.4860 | [email protected] 283

9 City of Costa Mesa RFP No. 24-09 – On-Call Engineering Staff Support & Program Management Services for Various Park Projects Ø Sample Project: CIP2019-02 Slauson Avenue Congestion Relief Project Services Provided: Construction Management and Inspection. Replace pavement from Wilmington Avenue to State Street ($11.3 million) Year started and completed: 2023-in progress •
City of Compton
John Strickland, Public Works/Engineering Project Manager 205 South Willowbrook Avenue, Compton, CA 90220 310.761.1422 | [email protected] Ø Sample Project: Four (4) Compton Fire Stations Driveway Aprons Improvement Project ($3 million). Services Provided: Construction Management and Inspection. Year started and completed: 2021-2022 Ø Sample Project: Alameda - SR-91 Urban Greening (Agreement No. U29107-0 and 8GG16423) Services Provided: Full-Service Engineering Services including City Engineering Advisor, Project Management, Coordinated with Gateway Cities, Civil Plan Check for Grading, Drainage, Demolition, Erosion Control, LID, Utility Plans Year started and completed: 2020-2021 Ø Sample Projects: 217 West Cocoa Street, 305-315 North Long Beach Blvd., 1841 and 1843 East Compton Blvd., 439 East Carlin Avenue. Services Provided: (Land Development) Lot Merger/Lot Line Adjustment Review. Year started and completed: 2020 •
City of Maywood David Mango | Public Works Director/Building Official (retired) 4319 E. Slauson Avenue, Maywood, CA 90270 323.365.0013 Ø Sample Project: Full-Service Engineering. For this project - Designated as City Engineer for the City including creating and managing the CIP, coordinate sewer compliance with the Attorney General and the Los Angeles Regional Water Quality Control Board, Storm Drain compliance, improved 90% of the streets in the City including USEPA/CDBG funded major sewer replacement project, FY 18/19 and 19/20 Street Rehabilitation Projects, 2019 Storm Drain Screen Installation of 55 catch basing screens.

Services Provided: City Engineer, Construction Management & Inspection, Project Management Year started and completed: 2016 to 2019 284

10 City of Costa Mesa RFP No. 24-09 – On-Call Engineering Staff Support & Program Management Services for Various Park Projects Milestones and Deliverables to Perform the Requested Services LCG has adequate capacity to perform both volume and quality of needed work within project schedule milestones for the City of Costa Mesa. Once a Notice to Proceed (NTP) is issued, specifically how LCG will implement each task and the Work Plan will be analyzed and recommended with proposed hours for each service other than those tasks specifically delineated in the RFP. Those tasks will be managed and executed per the City's Scope. Each team member is available and this will be detailed in the actual work plan developed after the City Engineer has had a chance to analyze the City's situation. All staff in this proposal will be managed under the City Engineer's supervision and LCG will adhere to the established methodology and work plan.

LCG is financially stable. We submit the following disclosure statements of fact: 1. LCG, any officer of LCG, or any employee of LCG who has proprietary interest in LCG has never had any administrative proceeding, claims, lawsuits, or other exposures pending against LCG. 2. LCG, any officer of LCG, or any employee of LCG who has proprietary interest in LCG has never filed for bankruptcy under any business name. 3. LCG is financially stable and can perform this contract without any encumbrances.

LCG has a diverse team of qualified professionals dedicated to providing On-Call Engineering Staff Support & Program Management Services for Various Park Projects to the City of Costa Mesa. Below we have provided brief biographies of key personnel that will be available for this contract. Actual resumes will follow. • Daniel R. Garcia, PE. REA, CPP | Contract Manager, QA/QC, Park Program Manager – Daniel has served as Contract Manager, QA/QC, and Park Program Manager in many public agencies throughout California. He is a registered Civil Engineer, Registered Environmental Assessor and Certified Permitting Professional and has over 30 years of experience in the civil engineering profession. Having worked in several jurisdictions throughout California including the Cities of Costa Mesa, Huntington Park, Compton, Rancho Palos Verdes, Wildomar, Maywood, Bell, Vernon, Lomita, Chino Hills and Norwalk. Daniel’s experience is far and wide from Project Management, Construction Management, Civil Plan Review, Land Development/Subdivision Map Act, Capital Improvement Programs (CIP) including sewers, storm drain, street and water plans. In addition, Daniel also has experience serving the City of Costa Mesa for 2 years as the Consultant Park Program Manager managed Fairview Park, interviewed the Financial Capacity
Key Personnel
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11 City of Costa Mesa
RFP No. 24-09 – On-Call Engineering Staff Support &
Program Management Services for Various Park Project s
consultants for Skate Park II rebid, completed the Tewinkle Park Lakes’ Security Lighting plan and ADA Accessibility Improvements plan review, etc. • Ludwig I. Smeets, PE | Development Review Engineer / Construction Manager/Resident Engineer – Ludwig has over 38 years of experience in the civil engineering profession, including 15 years in the public sector, and over 23 years with private consulting firms serving public entities and private land developers.

His experience has been a Senior Project Manager level for the past 10 years. His experience has included the management of numerous projects, specifically as Development Review Engineer and Construction Manager/Resident Engineer.

Ludwig has served as Development Engineer as well as Public Services Director and Senior Project Manager for several public agencies. He is familiar with the Subdivision Map Act, Low Impact Developments (LIDs) project requirements, Water Quality Management Plan (WQMP's), design requirements (SSPWC, APWA, Caltrans, etc.) and has managed this and the bid and award process for several cities such as the Cities of Hawaiian Gardens, Norwalk and Whittier. As a Construction Manager/Resident Engineer. Ludwig was the Construction Manager for the Carnelian Storm Drain in the City of Rancho Cucamonga, Field of Dreams Sports Park in the City of Chino Hills and the Sunset Ridge Development Tract No. 17089 in the City of Victorville to name a few of his
projects.
• Charles Herbertson, PE, PLS l Project Manager – Charles is a licensed Civil Engineer and Land Surveyor with extensive project management experience. He has served in senior executive management such as City Engineer and Public Works Director in the City of Culver City for 17 years as well as City Manager and Airport Manager in the City of Hawthorne and was a commissioned officer in the Navy in the Submarine Force and served as Headquarters Company Commander in the Reserves. Charles brings to every city his project and program experience in the areas of Project Management, Sewer and Storm Drain Compliance with local and state agencies, Capital Improvement Program (CIP) and Project Management in City facilities, recycling, Fire and Police Stations, sewer pump stations, water conservation, energy conservation, landslide repair, bicycle and pedestrian master plans, Urban Forest Master Plan, traffic engineering and maintenance. • Tony Antich, PE l Project Manager – Tony has over 35 years of experience in managing capital improvement projects including 19 years as the City Engineer in the City of Santa Monica. Tony is experienced with managing professional staff and coordinating with various stakeholders in achieving the City’s adopted goals and objectives including CIP, coordination of construction in the public right-o f- way, construction management, community outreach, grant management, civil and architectural project development, cost estimating, risk management, cost management, permitting and plan checking, facility and infrastructure planning, mapping,
seismic upgrade of essential facilities and communications. • Angel Quintero | Inspector – Angel has over 28 years of public services experience and is a Public Works Program Inspector. He is a licensed as a Water Distribution Operator with extensive experience as a Water Utilities Manager and Water Supervisor. Angel has Storm Water Management experience including 286

12 City of Costa Mesa RFP No. 24-09 – On-Call Engineering Staff Support & Program Management Services for Various Park Projects Construction Management and Public Works Construction Inspection expertise. He has served as a Public Works Program Inspector in the City of Pico Rivera and as Water Meter Division Manager, City of Torrance, Water Utilities Manager position from the City of Covina, Operations Supervisor position from Liberty Utilities, Utilities Manager position from the City of Carlsbad, and Water Systems Supervisor. • Patrick J. Reynolds, PLA l Landscape Architect – Patrick holds Landscape Architect License No. 4440 and is also a C-27 Landscape Specialty Contractor. Patrick is a Certified Irrigation Auditor and is certified in NEPA and CEQA. Patrick has 45 years of experience in all aspects of design, project management, construction of new and existing public, private, residential, commercial, urban, park and open space developments. He has expertise in Park Master Planning, Land Acquisitions, trail design and construction, preparing Environmental documents and reports, environmental preservation and restoration, historical preservation. Patrick has recently completed the Urban Forestry Management Plan for the City of Bell. He is currently serving the City of Alhambra as a City Landscape Architect. • Ann D. Herner l Grant Administrator – Ann has more than 20 years of experience in the public and private engineering sector, assisting cities and providing strategies in securing transportation funding and leveraging local resources to implement capital projects. She identifies key elements of the grant and works closely with the City to craft and customize a project that will be competitive. Ann is well versed in a variety of state, federal and local grant programs, and has worked extensively with Caltrans Local Assistance, California Transportation Commission and the Federal Highway Administration on state/federally funded projects to meet program compliance and project timelines. She has managed millions of dollars in capital projects providing oversight on federally funded projects, from design to construction, final project close-out and including financial audits by both State/Federal agencies. Ann completed the Pavement Management System (Street Master Plan) for the City of Maywood. • Oranos Mekwian | Associate Engineer – As Associate Engineer, Oranos has assisted in several construction and project management projects for LCG including the $1.2 million Sewer Replacement Project in the City of Maywood and was instrumental in gaining sewer compliance with the LA Regional Water Quality Control Board. She also assisted in construction projects in the City of Lomita (Walnut/Pacific Coast Highway and Palos Verdes Drive North and Western Intersection Rehabilitation Project) and the City of Compton (Fire Stations Driveway Aprons Improvement Project) recently.

LCG has no past or current business and personal relationships with any current Costa Mesa elected official, appointed official, City employee, or family member of any current Costa Mesa elected official, appointed official, or City employee.

Disclosure
287

City of Costa Mesa RFP No. 24-09 – On-Call Engineering Staff Support & Program Management Services for Various Park Projects www.ladayucg.com [email protected] EXPERTISE Park Program Manager Project/Program Manager Construction Manager Resident Engineer Private Development/Civil Plan Check Engineer Land Development/Subdivisions CIP/Project Management Sewer/Storm Drain Compliance City Engineering Advisor EDUCATION Bachelor of Science in Civil Engineering, CSULB Masters in Public Administration, CSULB REGISTRATIONS CA Registered Professional Civil Engineer | 45710 Registered Environmental Assessor | 5640 Cal-EPA Certified Permitting Professional D11308 SCAQMD

Daniel R. Garcia, PE, REA, CPP
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City of Costa Mesa RFP No. 24-09 – On-Call Engineering Staff Support & Program Management Services for Various Park Projects www.ladayucg.com [email protected] EXPERTISE Construction Manager Land Development/Subdivisions Low Impact Development Drainage/Hydrology (LID) Project Manager Resident Engineer CIP/Project Management Construction Bid and Award Process EDUCATION Bachelor of Science in Civil Engineering, CSULB Masters in Military Science, US Army REGISTRATIONS CA Registered Professional Civil Engineer | 37221 NV Registered Professional Civil Engineer | 11105 AZ Registered Professional Civil Engineer | 28642 Development Engineer | Construction Manager/Resident Engineer Ludwig has over 38 years of experience in the civil engineering profession, including 15 years in the public sector, and over 23 years with private consulting firms serving public entities and private land developers. His experience has been at the Senior Project Manager level for the past 10 years. His experience has included the management of numerous projects, specifically as Development Review Engineer and Construction Manager/Resident Engineer. Ludwig is familiar with the Subdivision Map Act, Low Impact Developments (LIDs) project requirements, Water Quality Management Plan (WQMP's), design requirements (SSPWC, APWA, Caltrans, etc.) and has managed this and the bid and award process for several cities such as the Cities of Hawaiian Gardens, Norwalk and Whittier. As a Construction Manager/Resident Engineer. Ludwig was the Construction Manager for the Carnelian Storm Drain in the City of Rancho Cucamonga, Field of Dreams Sports Park in the City of Chino Hills and the Sunset Ridge Development Tract No. 17089 in the City of Victorville to name a few of his projects.

Construction Manager | City of Buena Park For over 12 years, Ludwig served as Construction Manager on various public and private development projects to include on-call plan check of drainage and grading plans, demolition plans, and both on-site and off-site civil engineering plans, to include street, storm drain, sewer & water improvements, as well as NPDES, WQMP’s, and hydrology reviews for the City of Buena Park. Project Manager| City of Hawaiian Gardens Ludwig provided Hydrology Report review for various private development projects on on-call basis for the City of Hawaiian Gardens. He also developed the Master Plan for Drainage as Program Manager for the City. This study established the capacity of existing storm drains and streets drainage based on a 100-year storm for incorporation into the City’s Low Impact Development Program. Construction/Project Manager | County of Orange For nearly ten years, Ludwig served as Construction/Project Manager in responsible charge of contract construction services for private development plans related to building & safety grading and drainage, storm drain, sewer, NPDES, WQMP’s, and hydrology reviews for the County of Orange. He is experienced in LID issues and the application to Land Development. 289

City of Costa Mesa RFP No. 24-09 – On-Call Engineering Staff Support & Program Management Services for Various Park Projects www.ladayucg.com [email protected] EXPERTISE CIP/Project Management City Engineering Public Works Land Development/Subdivisions Sewer/Storm Drain Compliance Construction Management EDUCATION Bachelor of Science in Civil Engineering, Old Dominion University, Norfolk, Virginia Master of Arts in Public Administration, University of Southern California REGISTRATIONS CA Registered Professional Civil Engineer | 46658 CA Professional Land Surveyor | LS 6794 PROFESSIONAL ACTIVITIES Member American Public Works Association | SoCal Chapter League of California Cities | President of Public Works Officers 2018 and 2019 | Chairman Local Streets and Roads Needs Assessment Oversight Committee | Member Public Works, Transportation & Communications Policy Committee AWARDS Helen Putnam Award from the League of California Cities for brokering a solution to noise problems related to the construction of the Metro Green Line Light Rail Project Manager

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City of Costa Mesa RFP No. 24-09 – On-Call Engineering Staff Support & Program Management Services for Various Park Projects www.ladayucg.com [email protected] EXPERTISE Project/Program Manager Construction Manager City Engineer Public Works Director EDUCATION Bachelor of Science in Civil Engineering, CSULB Master of Science, Management & Leadership, Pepperdine University REGISTRATIONS CA Registered Professional Civil Engineer | 34293 CA General Engineering Contractor – “A” | 842227 Project Manager
Tony has over 35 years of experience in managing capital improvement projects including 19 years as the City Engineer in Santa Monica. Tony is experienced with managing professional staff including capital improvement programs, coordination of construction in the public right-of-way, construction management, community outreach, grant management, civil and architectural project development, cost estimating, risk management, cost management, public counter customer service, permitting and plan checking, disaster recovery, facility and infrastructure planning, mapping, assessment districts, seismic upgrade of essential facilities and communications.

City Engineer | City of Santa Monica For 19 years, Tony served as City Engineer in the City of Santa Monica. Tony provided leadership to thirty-five professional staff, including developing organization plans, setting priorities, selecting employees, conducting contract negotiations, counseling, and mediating disputes, evaluating job performance, interpreting policies to resolve design and construction issues, and making final decisions on engineering matters. He coordinated city engineering issues with federal, state, county, and other local agencies; conferred with the City Manager, City Council members, other government officials, city staff, public utilities, civic organizations, developers, and neighborhood and business groups. In addition, Tony directed the land development and technical support services related to all public infrastructures. Tony also oversaw several programs such as accessibility; grant management; disadvantaged business enterprise; capital improvements, civil and architectural project development; construction management, claims mitigation, safety, and construction mitigation; community outreach, coordination of construction in the public right of way and public information; cost estimating; risk management, cost management; public counter customer service, permitting and plan check; disaster recovery; consulting services to other departments; facility and infrastructure planning; mapping; assessment district proceedings; seismic upgrade of essential facilities; and telecommunications for the City. Noteworthy project management and process improvement: ¨ ADA improvements to public facilities and buildings such as streets, parks, fire & police stations, libraries, theaters, manufactured housing, restrooms, public housing, parking structures, and civic auditorium ¨ Developed a pavement management program that resulted in the best pavement condition in Los Angeles County. 291

City of Costa Mesa RFP No. 24-09 – On-Call Engineering Staff Support & Program Management Services for Various Park Projects

¨ Developed written project management guidelines and staff training, which resulted in a reduction in construction claims and faster delivery of construction projects. ¨ Established a LA Superior court trustee program to augment city staff resulting in greater output and reduced demand for additional city staffing. ¨ Separately, also negotiated a $10 million reduction in construction claims. ¨ Management Team Associates Labor Bargaining Unit- Former President ¨ Board member - City of Santa Monica Coalition of City Employees - Political Action Committee ¨ Developed a simplified & streamlined permit process resulting in less wait time and better customer service. ¨ Introduced and instituted alternative dispute resolution (ADR) for city engineering contract matters, resulting in a negotiated $5 million payment from the State of California. ¨ Introduced project scheduling techniques that resulted in eliminated redundancy, increased coordination, and improved delivery time. ¨ He has collaborated with the City Attorney's Office to develop a new contract for design and construction. This effort reduced the contract review time from three months to less than a week. ¨ Formed a consortium of cities, UCLA, and environment NGOs whose goal was to develop ways of reducing litter in Santa Monica Bay. This resulted in best management practices utilized in Los Angeles and countywide. ¨ Formed a consortium including Santa Monica & Los Angeles, Los Angeles Department of Water and Power, Los Angeles Department of Transportation, and Caltrans to improve communication and coordination of various construction projects along Pacific Coast Highway. Public Works Director & City Engineer | City of Hermosa Beach For nearly 7 years in the City of Hermosa Beach, Tony planned, organized, and directed maintenance engineering activities. He also was the City’s Traffic Engineer. He oversaw maintenance and engineering personnel and court trustees assigned to maintenance or repair streets; buildings, parks; street lighting; storm drains; sanitary sewers; and traffic control devices. His projects included sanitary sewer rehabilitation, storm drain improvement, playground improvement, building modifications such as interior & HVAC. He managed the maintenance, design, construction, and restoration of infrastructure assets throughout the city and managed a staff of thirty employees. 292

City of Costa Mesa RFP No. 24-09 – On-Call Engineering Staff Support & Program Management Services for Various Park Projects www.ladayucg.com [email protected] EXPERTISE Inspection Water Supervisor Water Utilities Manager Operations Supervisor, Production Utilities Manager Water System Supervisor Storm Water Management Construction Management Public Works Construction EDUCATION Water Technology & Business Courses, Mt. San Antonio College, Walnut Public Works Inspection, MSA Construction Management (CalTrans), CMIA-ABC REGISTRATIONS Water Distribution Operator - 5 | 6077 Water Treatment Operator - 2 | 18704 Inspector

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City of Costa Mesa RFP No. 24-09 – On-Call Engineering Staff Support & Program Management Services for Various Park Projects www.ladayucg.com [email protected] EXPERTISE City Landscape Architect #4440 Landscape C-27 Contractor Parks Division Manager Park Planning Division Landscape Supervisor Project Manager Instructor EDUCATION Masters in Professional Designation Landscape Architecture Certificate, UCLA Bachelor in English Literature, CSUDH Construction Management Certificate Program, CSUDH AutoCAD Release 14 Operator Certification. CSULB REGISTRATION/LICENSE CA Registered Professional Landscape Architect | 4440 Landscape Contractor License (C-27) | 418109 Landscape Architect
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City of Costa Mesa RFP No. 24-09 – On-Call Engineering Staff Support & Program Management Services for Various Park Projects

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City of Costa Mesa RFP No. 24-09 – On-Call Engineering Staff Support & Program Management Services for Various Park Projects www.ladayucg.com [email protected] EXPERTISE Transportation Project Management Technical Specification Writing Caltrans Local Assistance Federal-Aid Process & Project Delivery Grant and Funds Management Grant Writing Federal Transportation Funding and Financing Pavement Management - StreetSaver EDUCATION Bachelor of Science, Civil Engineering University of California, Davis REGISTRATIONS 40 Hour Hazardous Material Training Certification 1998 Grant Administrator
Ann holds over 20 years of experience in the public and private engineering sector as a Project Manager/Engineer. Her experience includes project management, oversight of design through construction, and funding accountability of various transportation projects. She consistently meets project schedule requirements and stays within project budgets. She has provided both long/short-term onsite support and staff augmentation for local agencies. Ann is also knowledgeable with the Federal Aid process for funding state and federal projects as well as securing these grants. Her in-depth knowledge of the Federal Aid process and project delivery has assisted local cities in planning and implementing projects on time without risking their state and federal funds.

Grant Writing Ann brings grant opportunities to cities and provides strategies in securing funding for capital projects. In the past 9 years, Ann has contributed to the preparation and submittal of grants which has secured millions of grants for cities in bike and pedestrian improvements, traffic signal improvements, intelligent traffic systems, pavement rehabilitation, and safe routes to school improvements. She is well verse in state/federal grant funds including: CMAQ, RSTP, SRTS/SR2S, HSIP/HRRR, ATP, CDBG, and other locally administered funds. Transportation Programming and Federal/State Funding Administration Ann brings transportation programming and fed/state funding expertise to local agencies and MPOs. She has worked extensively with Caltrans Local Assistance, California Transportation Commission (CTC) and the Federal Highway Administration on state and federally funded projects and programs. Her in-depth knowledge of federal/state funding allows for efficient troubleshooting that results in creative and realistic solutions to overcome obstacles and deliver projects. Ann has managed millions of dollar projects providing oversight on federally funded projects, from design to construction and project close out. By understanding the network of transportation funding policies and programming in both the local, state and federal level, Ann is able to navigate and plan for projects to be constructed on time as well as optimizing available funding. Specific services have included: § Development and implementation of project budget and project tracking 296

City of Costa Mesa RFP No. 24-09 – On-Call Engineering Staff Support & Program Management Services for Various Park Projects

§ Project delivery through Caltrans Environmental/NEPA, Right of Way approval, Design, and Construction phase, including Federal Authorization Approval, CTC Allocation Request, Invoicing submittals, Contract procurement for design and construction, Project reporting and Final Expenditure Report. § Assist Cities with financial audit and reporting from Caltrans § DBE assistance, implementation and goal calculation § Recommend FTIP Amendments for project planning and delivery § Recommend funding obligations and de-obligations to ensure projects maximize funding opportunities § Assist in the development and review of MPOs’ CMAQ funding guidelines § Assist MPOs in federal programming procedures and “Calls for Projects” 297

City of Costa Mesa RFP No. 24-09 – On-Call Engineering Staff Support & Program Management Services for Various Park Projects www.ladayucg.com [email protected] EXPERTISE Construction Mgmt. Assistant Associate Engineer Land Development/Subdivisions Sewer/Storm Drain Compliance CIP/Project Management Report Writing EDUCATION Masters in Industrial Chemistry, King Mongkut’s University of Technology, Thonburi, Thailand Bachelor of Science in Biotechnology, Khon Kean University Thailand

Associate Engineer

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City of Costa Mesa RFP No. 24-09 – On-Call Engineering Staff Support & Program Management Services for Various Park Projects LCG’s submitted forms listed in the Appendix C are shown in the following page. The submitted forms are included: 1. Vendor Application Form 2. Ex Parte Communication Form 3. Disqualification Questionnaire 4. Disclosure of Government Positions 5. Company Profile & References 6. Bidder/Applicant/Contractor Campaign Contribution Disclosure Form Appendix C: Forms
299
X
Ladayu Consulting Group
Daniel R. Garcia, PE, REA, CPP
Vice President/Contract Manager [email protected]
(310) 968-7263 N/A
316 Tejon Place
Palos Verdes Estates, CA 90274
Daniel R. Garcia, PE, REA, CPP
Vice President/Contract Manager [email protected]
(310) 968-7263 N/A
X
X
300
Daniel R. Garcia, PE, REA, CPP Vice President (310) 968-7263 N/A
EIN: 364967928
N/A
301
2/26/24
Daniel R. Garcia, PE, REA, CPP
302
X
303
None
304
Sole Proprietor
316 Tejon Place, Palos Verdes Estates, CA 90274
www.ladayucg.com
(310) 968-7263 N/A
[email protected]
9 years
9 years
X
EIN: 364967928
Daniel R. Garcia,PE, REA, CPP
(310) 968-7263 N/A
[email protected]
Oranos Mekwian
(925) 464-6356 N/A
[email protected]
Daniel R. Garcia, PE, REA, CPP
(310) 968-7263 N/A
[email protected]
305
City of Huntington Park
Steve Forster, Public Works Director
$500,000
[email protected]
6550 Mile Avenue, Huntington Park, CA 90255
CM & Inspection services for Slauson Ave. Congestion Relief Project City of Compton
(310) 761-1422
John Strickland, Public Works/Engineering Project Managert Based on hourly as needed services
[email protected]
205 S. Willowbrook Avenue, Compton, CA 90220
Provide City Engineer Advisor, CM & Inspection services for Four Fire Stations Driveway Aprons Improvement Project, Civil Plan Checking Services, etc.

City of Maywood
(323) 365-0013
David Mango, Public Works Director/Building Official (retired) Based on hourly as needed services
[email protected]
4319 E. Slauson Avenue, Maywood, CA 90270
Full-service Engineering including City Engineer managing the CIP, coordinate sewer compliance with the Attorney General and LARWQCB and Storm Drain Compliance, etc. and Construction Manager & Inspector for USEPA/CDBG funded major sewer replacement project, FY18/19 and FY19/20 Street Rehabilitation, 2019 Storm Drain Screen Installation, etc. 306
, Daniel R. Garcia, Vice President
2/26/24
307

EXHIBIT C

CONSULTANT’S COST PROPOSAL

308

1 City of Costa Mesa RFP No. 24-09 – On-Call Engineering Staff Support & Program Management Services for Various Park Projects The rates displayed in the cost proposal below reflect LCG’s current fees and will be in effect during the term of the agreement, which include travel, shipping, supply, and printing/material costs (no separate charges for these items). Hourly rates are typically reviewed yearly on July 1 and may be subject to revision unless under specific contract obligations (such as frozen during the term of this agreement by the term of this approximately 3-year contract).

LCG COST PROPOSAL CLASSIFICATION HOURLY BILLING RATE Park Program Manager...............................................................................................$170 Registered Development Review Engineer ............................................................... $170 Registered Project Manager ...................................................................................... $170 Construction Manager/Resident Engineer, RCE, Prevailing Wage ............................ $170 Licensed Landscape Architect, PLA .......................................................................... $170 Inspector, Prevailing Wage ........................................................................................ $160 Grants Administrator .................................................................................................. $160 Associate Engineer ...............................................……………………...…………...... $110 Once a task or phase is known, LCG can provide an estimate of costs for the entire task or phase. Key Personnel are noted in the hourly rates above. No other adjustments are anticipated. BPR COST PROPOSAL (STRUCTURAL, MECHANICAL, ELECTRICAL SERVICES SUB-CONSULTANT) We propose to provide all of the requested plan review, inspection, and other building and safety services on an hourly basis utilizing the hourly billing rates identified in the Schedule of Hourly Billing Rates below for the specific labor classification utilized. Plan review services will include an initial review and all back-check reviews as necessary for plan approval. SCHEDULE OF HOURLY BILLING RATES The rates displayed in the schedule below reflect BPR’s current hourly billing rates. BPR understands that all rates and costs shall be effective through the term of the agreement.

Cost and Proposal (Not-to-exceed total fee)

309

2 City of Costa Mesa RFP No. 24-09 – On-Call Engineering Staff Support & Program Management Services for Various Park Projects CLASSIFICATION HOURLY BILLING RATE Building Plan Check Project Manager ...................................................................... $170 Licensed Plan Review Engineer (structural, electrical, mechanical) ........................ $155 ICC Certified Plans Examiner ................................................................................... $130 CASp Plans Examiner .............................................................................................. $135 § Shipping: There is no charge for courier or shipping services for plan reviews conducted off site. § Expedited Plan Reviews: Expedited plan reviews can be provided upon request. Fees for expedited plan review services will be 150% of the above noted hourly rates. § Mileage: Vehicle mileage utilized in the performance of inspection services will be billed at the current IRS vehicle mileage rate. JMD ENGINEERING COST PROPOSAL (DESIGN SERVICES SUB-CONSULTANT) CLASSIFICATION HOURLY BILLING RATE Design Engineer ........................................................................................................ $150 Associate Design Engineer ........................................................................................ $130 Traffic Associate ............................................................................................... $120-$130 Traffic Assistant ......................................................................................................... $110 COST PROPOSAL (LAND SURVEYING SERVICES SUB-CONSULTANT) CLASSIFICATION HOURLY BILLING RATE Principal-in-charge, PLS ............................................................................................ $270 Survey Manager, PLS ................................................................................................ $215 Project Surveyor, PLS ............................................................................................... $186 Field Coordinator ....................................................................................................... $170 Survey Technician ..................................................................................................... $143 2 Person Survey Party w/Equipment .......................................................................... $320 § These hourly rates are effective through December 31, 2023. The hourly rates thereafter are subject to an annual escalation of 3.00% on January 1st of each following year. 310

3 City of Costa Mesa RFP No. 24-09 – On-Call Engineering Staff Support & Program Management Services for Various Park Projects § Coast is signatory with Local 12, Operating Engineers, and will follow the Union rules concerning the payment of Regular Rates, Overtime Rates, and Double Time Rates. § Overtime rates are payable at 1.25 times the regular rate in effect at that time. § Double time rates are payable at 1.50 times the regular rate in effect at that time. § Costs for monuments, prints, research materials, and other incidental or special supplies will be billed at cost. NINYO& MOORE COST PROPOSAL (GEOTECHNICAL SERVICES SUB-CONSULTANT) See Ninyo & Moore Cost Proposal in the following pages. 311
Ninyo & Moore | City of Pico Rivera, On-Call CM and Inspection Serivces | 04-04368. | January 22, 2024 CA16 Schedule of Fees
Hourly Charges for Personnel
Professional Staff
Principal Engineer/Geologist/Environmental Scientist/Certified Industrial Hygienist .............................................. $ 250 Senior Engineer/Geologist/Environmental Scientist ................................................................................................ $ 235 Senior Project Engineer/Geologist/Environmental Scientist .................................................................................... $ 220 Project Engineer/Geologist/Environmental Scientist ............................................................................................... $ 210 Senior Staff Engineer/Geologist/Environmental Scientist ....................................................................................... $ 200 Staff Engineer/Geologist/Environmental Scientist ................................................................................................... $ 180 GIS Analyst ............................................................................................................................................................... $ 160 Technical Illustrator/CAD Operator .......................................................................................................................... $ 140 Field Staff
Certified Asbestos/Lead Technician ........................................................................................................................ $ 220 Field Operations Manager ........................................................................................................................................ $ 150 Nondestructive Examination Technician (UT, MT, LP) ........................................................................................... $ 145 Supervisory Technician ............................................................................................................................................ $ 140 Special Inspector (Concrete, Masonry, Structural Steel, Welding, and Fireproofing) ............................................. $ 135 Senior Technician ..................................................................................................................................................... $ 135 Technician ................................................................................................................................................................ $ 130 Administrative Staff
Information Specialist ............................................................................................................................................... $ 120 Geotechnical/Environmental/Laboratory Assistant .................................................................................................. $ 120 Data Processor ......................................................................................................................................................... $ 95 Other Charges
Concrete Coring Equipment (includes technician) .............................................................................................. $ 190/hr Anchor Load Test Equipment (includes technician) ............................................................................................ $ 190/hr GPR Equipment ................................................................................................................................................... $ 180/hr Inclinometer .......................................................................................................................................................... $ 100/hr Hand Auger Equipment ....................................................................................................................................... $ 80/hr Rebar Locator (Pachometer) ............................................................................................................................... $ 25/hr Vapor Emission Kit ............................................................................................................................................... $ 65/kit Field Equipment ................................................................................................................................................... $ 12/hr X-Ray Fluorescence ............................................................................................................................................ $ 70/hr PID/FID................................................................................................................................................................. $ 25/hr Air Sampling Pump .............................................................................................................................................. $ 10/hr Field Vehicle ......................................................................................................................................................... $ 15/hr Expert Witness Testimony ................................................................................................................................... $ 450/hr Direct Expenses ..................................................................................................................................... Cost plus 15 % Special equipment charges will be provided upon request.

Notes
For field and laboratory technicians and special inspectors, overtime rates at 1.5 times the regular rates will be charged for work performed in excess of 8 hours in one day Monday through Friday and all day on Saturday. Rates at twice the r
egular rates will be charged for all work in excess of 12 hours in one day, all day Sunday and on holidays.

Fi
eld te chnician and spe c ial inspection hours are ch arged at a 4-hou r minimum, and 8-hour minimum fo r hours exceeding 4 hours.

Invoices are payable upon receipt. A service charge of 1.5 percent per month may be ch ar ged on accounts not paid within 30 days.

Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the project, as applicable.
312
Ninyo & Moore | 2021 Laboratory Testing
Schedule of Fees for Laboratory Testing

SOILS CONCRETE
Atterberg Limits, D 4318, CT 204 ............................................................. $ 170 Compression Tests, 6x12 Cylinder, C 39 ................................................... $ 35 California Bearing Ratio (CBR), D 1883 ................................................... $ 550 Concrete Mix Design Review, Job Spec ..................................................... $ 300 Chloride and Sulfate Content, CT 417 & CT 422 .................................... $ 175 Concrete Mix Design, per Trial Batch, 6 cylinder, ACI ............................... $ 850 Consolidation, D 2435, CT 219 ................................................................. $ 300 Concrete Cores, Compression (excludes sampling), C 42 ........................ $ 120 Consolidation, Hydro-Collapse only, D 2435 ........................................... $ 150 Drying Shrinkage, C 157 .............................................................................. $ 400 Consolidation – Time Rate, D 2435, CT 219 ........................................... $ 200 Flexural Test, C 78 ....................................................................................... $ 85 Direct Shear – Remolded, D 3080 ............................................................ $ 350 Flexural Test, C 293 ..................................................................................... $ 85 Direct Shear – Undisturbed, D 3080 ......................................................... $ 300 Flexural Test, CT 523 ................................................................................... $ 95 Durability Index, CT 229 ............................................................................ $ 175 Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI ................ $ 275 Expansion Index, D 4829, IBC 18-3 ......................................................... $ 190 Lightweight Concrete Fill, Compression, C 495 ......................................... $ 80 Expansion Potential (Method A), D 4546 ................................................. $ 170 Petrographic Analysis, C 856 ....................................................................... $ 2,000 Geofabric Tensile and Elongation Test, D 4632 ...................................... $ 200 Restrained Expansion of Shrinkage Compensation ................................... $ 450 Hydraulic Conductivity, D 5084 ................................................................. $ 350 Splitting Tensile Strength, C 496 ................................................................. $ 100 Hydrometer Analysis, D 6913, CT 203 ..................................................... $ 220 3x6 Grout, (CLSM), C 39 ............................................................................. $ 55 Moisture, Ash, & Organic Matter of Peat/Organic Soils .......................... $ 120 2x2x2 Non-Shrink Grout, C 109 ................................................................. $ 55 Moisture Only, D 2216, CT 226 ................................................................ $ 35 Moisture and Density, D 2937 ................................................................... $ 45 ASPHALT Permeability, CH, D 2434, CT 220 ........................................................... $ 300 Air Voids, T 269 ............................................................................................ $ 85 pH and Resistivity, CT 643 ........................................................................ $ 175 Asphalt Mix Design, Caltrans (incl. Aggregate Quality) ............................. $ 4,500 Proctor Density D1557, D 698, CT 216, AASHTO T-180 ....................... $ 220 Asphalt Mix Design Review, Job Spec ........................................................ $ 180 Proctor Density with Rock Correction D 1557.......................................... $ 340 Dust Proportioning, CT LP-4 ........................................................................ $ 85 R-value, D 2844, CT 301 ........................................................................... $ 375 Extraction, % Asphalt, including Gradation, D 2172, CT 382 .................... $ 250 Sand Equivalent, D 2419, CT 217 ............................................................ $ 125 Extraction, % Asphalt without Gradation, D 2172, CT 382 ........................ $ 150 Sieve Analysis, D 6913, CT 202 ............................................................... $ 145 Film Stripping, CT 302 .................................................................................. $ 120 Sieve Analysis, 200 Wash, D 1140, CT 202 ............................................ $ 100 Hveem Stability and Unit Weight D 1560, T 246, CT 366 .......................... $ 225 Specific Gravity, D 854 .............................................................................. $ 125 Marshall Stability, Flow and Unit Weight, T 245 ......................................... $ 240 Thermal Resistivity (ASTM 5334, IEEE 442) ........................................... $ 925 Maximum Theoretical Unit Weight, D 2041, CT 309 .................................. $ 150 Triaxial Shear, C.D, D 4767, T 297 ........................................................... $ 550 Moisture Content, CT 370 ............................................................................ $ 95 Triaxial Shear, C.U., w/pore pressure, D 4767, T 2297 per pt ................ $ 450 Moisture Susceptibility and Tensile Stress Ratio, T 238, CT 371 ............. $ 1,000 Triaxial Shear, C.U., w/o pore pressure, D 4767, T 2297 per pt ....................... $ 35 0 Slurry Wet Track Abrasion, D 3910 ............................................................. $ 150 Triaxial Shear, U.U., D 2850 ..................................................................... $ 250 Superpave, Asphalt Mix Verifi cation (incl. Aggregate Quality) .................. $ 4,900 Unconfined Compression, D 2166, T 208 ................................................ $ 180 Superpave, Gyratory Unit Wt., T 312 .......................................................... $ 100 Superpave, Hamburg Wheel, 20,000 passes, T 324 ................................. $ 1,000 MASONRY Unit Weight sample or core, D 2726, CT 308 ............................................. $ 100 Brick
Absorption, 24-hour submersion, 5-hr boiling, 7-day, C 67 ........... $ 70 Voids in Mineral Aggregate, (VMA) CT LP-2 .............................................. $ 90 Brick Compression Test, C 67 .................................................................. $ 55 Voids filled with Asphalt, (VFA) CT LP-3 ..................................................... $ 90 Brick Efflorescence, C 67 .......................................................................... $ 55 Wax Density, D 1188 ................................................................................... $ 140 Brick Modulus of Rupture, C 67 ................................................................ $ 50 Brick Moisture as received, C 67 .............................................................. $ 45 AGGREGATES Brick Saturation Coefficient, C 67 ............................................................. $ 60 Clay Lumps and Friable Particles, C 142 .................................................... $ 180 Concrete Block Compression Test, 8x8x16, C 140 ................................. $ 70 Cleanness Value, CT 227 ............................................................................ $ 180 Concrete Block Conformance Package, C 90 ......................................... $ 500 Crushed Particles, CT 205 ........................................................................... $ 175 Concrete Block Linear Shrinkage, C 426 ................................................. $ 200 Durability, Coarse or Fine, CT 229 .............................................................. $ 205 Concrete Block Unit Weight and Absorption, C 140 ................................ $ 70 Fine Aggregate Angularity, ASTM C 1252, T 304, CT 234 ....................... $ 180 Cores, Compression or Shear Bond, CA Code ....................................... $ 70 Flat and Elongated Particle, D 4791 ............................................................ $ 220 Masonry Grout, 3x3x6 prism compression, C 39 .................................... $ 45 Lightweight Particles, C 123 ......................................................................... $ 180 Masonry Mortar, 2x2 cube compression, C 109 ...................................... $ 35 Los Angeles Abrasion, C 131 or C 535 ....................................................... $ 200 Masonry Prism, half size, compression, C 1019 ...................................... $ 120 Material Finer than No. 200 Sieve by Washing, C 117 .............................. $ 90 Masonry Prism, Full size, compression, C 1019 ...................................... $ 200 Organic Impurities, C 40 ............................................................................... $ 90 Potential Alkali Reactivity, Mortar Bar Method, Coarse, C 1260 ............... $ 1,250 REINFORCING AND STRUCTURAL STEEL Potential Alkali Reactivity, Mortar Bar Method, Fine, C 1260 .................... $ 950 Chem
ical Analysis, A 36, A 615 ................................................................ $ 135 Potential Reactivity of Aggregate (Chemical Method), C 289 ................... $ 475 Fireproofing Density Test, UBC 7-6 .......................................................... $ 90 Sand Equivalent, T 176, CT 217 ................................................................. $ 125 Hardness Test, Rockwell, A 370 ............................................................... $ 80 Sieve Analysis, Coarse Aggregate, T 27, C 136 ........................................ $ 120 High Strength Bolt, Nut & Washer Conformance, Sieve Analysis, Fine Aggregate (including wash), T 27, C 136 ................. $ 145 per assembly, A 325 ............................................................................. $ 150 Sodium Sulfate Soundness, C 88 ................................................................ $ 450 Mechanically Spliced Reinforcing Tensile Test, ACI ............................... $ 175 Specific Gravity and Absorption, Coarse, C 127, CT 206 .......................... $ 115 Pre-Stress Strand (7 wire), A 416 ............................................................. $ 170 Specific Gravity and Absorption, Fine, C 128, CT 207 ............................... $ 175 Reinforcing Tensile or Bend up to No. 11, A 615 & A 706 ..................... $ 75 Structural Steel Tensile Test: Up to 200,000 lbs., A 370 ........................ $ 90 ROOFING Welded Reinforcing Tensile Test: Up to No. 11 bars, ACI ...................... $ 80 Roofing Tile Absorption, (set of 5), C 67 ..................................................... $ 250 Roofing Tile Strength Test, (set of 5), C 67................................................. $ 250 Specia
l preparation of standard test specimens will be charged at the technician’s hourly rate.

Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures. 313

EXHIBIT D

CITY COUNCIL POLICY 100-5

314

CITY OF COSTA MESA, CALIFORNIA

COUNCIL POLICY

BACKGROUND

Under the Federal Drug-Free Workplace Act of 1988, passed as part of omnibus drug legislation enacted November 18, 1988, contractors and grantees of Federal funds must certify that they will provide drug-free workplaces. At the present time, the City of C osta Mesa, as a sub-grantee of Federal funds under a variety of programs, is required to abide by this Act. The City Council has expressed its support of the national effort to eradicate drug abuse through the creation of a Substance Abuse Committee, institution of a City-wide D.A.R.E. program in all local schools and other activities in support of a drug -free community. This policy is intended to extend that effort to contractors and grantees of the City of Costa Mesa in the elimination of dangerous drugs in the workplace.

PURPOSE

It is the purpose of this Policy to:

1. Clearly state the City of Costa Mesa’s commitment to a drug-free society.

2. Set forth guidelines to ensure that public, private, and nonprofit organizations receiving funds from the City of Costa Mesa share the commitment to a drug-free workplace.

POLICY

1. Contractor or Sub-grantee hereby certifies that it will provide a drug-free workplace by:

B. Establishing a Drug-Free Awareness Program to inform employees about:

SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89
PAGE

1 of 3

315

SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89
PAGE

2 of 3

1. The dangers of drug abuse in the workplace;

2. Contractor’s and/or sub-grantee’s policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation and employee assistance programs; and

4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;

C. Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by subparagraph A;

D. Notifying the employee in the statement required by subparagraph 1 A that, as a condition of employment under the contract, the employee will:

1. Abide by the terms of the statement; and

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction;

E. Notifying the City of Costa Mesa within ten (10) days after receiving notice under subparagraph 1 D 2 from an employee or otherwise receiving the actual notice of such conviction;

F. Taking one of the following actions within thirty (30) days of receiving notice under subparagraph 1 D 2 with respect to an employee who is so convicted:

1. Taking appropriate personnel action against such an employee, up to and including termination; or

316

SUBJECT

DRUG-FREE WORKPLACE
POLICY
NUMBER
100-5

EFFECTIVE
DATE
8-8-89
PAGE

3 of 3

G. Making a good faith effort to maintain a drug -free workplace through implementation of subparagraphs 1 A through 1 F, inclusive.

2. Contractor and/or sub-grantee shall be deemed to be in violation of this Policy if the City of Costa Mesa determines that:

a. Contractor and/or sub -grantee has made a false certification under paragraph 1 above;

b. Contractor and/or sub-grantee has violated the certification by failing to carry out the requirements of subparagraphs 1 A through 1 G above;

c. Such number of employees of Contractor and/or sub-grantee have been convicted of violations of criminal drug statutes for violations occurring in the workplace as to indicate that the contractor and/or sub -grantee has failed to make a good faith effort to provide a drug-free workplace.

317

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 24-199 Meeting Date: 5/21/2024
TITLE:

ACCEPTANCE AND ALLOCATION OF THE FY 2023 OPERATION STONEGARDEN (OPSG) FUNDS
DEPARTMENT: POLICE DEPARTMENT
PRESENTED BY: JAMES BROWN, SERGEANT
CONTACT INFORMATION: JAMES BROWN - 714.754.5058
RECOMMENDATION:

Staff recommends the City Council:

1. Approve the Agreement for the FY 2023 Operation Stonegarden (OPSG) Funds and authorize the City Manager or designee to execute the agreement.

2. Adopt Resolution No. 2024-XX authorizing the acceptance of the FY 2023 OPSG funds and authorizing the City Manager or designee to accept the funds in the amount of $191,000.00.

3. Approve revenue and expense appropriations in the amount of $191,000.00 for the FY 2023 OPSG funds.

BACKGROUND:

Narcotics trafficking organizations continue to pose significant threats throughout the state of California, including the City of Costa Mesa. These organizations have become increasingly sophisticated and use counter surveillance, diversionary tactics, night vision devices, and secure communications while conducting operations. In addition, smugglers frequently utilize dangerous tactics such as failures to yield, wrong way driving, and assaults on police officers to further narcotics trafficking throughout the United States. These narcotics are plaguing local communities, including Costa Mesa, causing addiction and death to members of our community.

The mission of the Department of Homeland Security, state and local law enforcement agencies including the Costa Mesa Police Department operating in Riverside, Orange, and Los Angeles Counties is to collaborate to disrupt and degrade transnational criminal organizations, enhance land/coastal detection and interdiction capabilities in the combating of sophisticated narcotics trafficking organizations, and expanding formal communication, intelligence protocols, and nontraditional intelligence/fusion opportunities to overcome the influx of deadly drugs and effectively stop these narcotic trafficking organizations for a safer community.

The FY 2023 OPSG program is awarded to counties within California to help combat these criminal

Page 1 of 3 ends

Costa Mesa City CouncilMay 21, 2024

Costa Mesa City Council
May 21, 2024